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just a thought and suggestion: If you go to TroumandWallsh.com,(Mark Troum, Orlando Fl, but Wallsh is in the atty directory) they are family law attys in FL they may be able to help you put together the stipulated order, or at least tell you what needs to be in it.

okie dokie let me clear up the silence... son.. isnt the one in FL .. daughter is.. I attempted to get temp custody of her and it was denied, due to mother having child every school year and they didnt want to change  status quo,  I did get every summer and every school break.
Son I have been fighting with his mother since I found out about him at the age of 5.. it is an uphill battle, she is the one I think misuses vicadin, biggest problem with this case is that in my county you dont need a change in circumstance to go to court... just an atty thatll go for you.  
she is attempting to take 1/2 my christmas break cause she doesnt think its fair.. co states that one year mother gets all but 5 days of break and one year I do, now that its my turn mother is baulking at idea, even though she had no problem with it last year when it was her turn,, in my county Mediator trumps all... anything they say the judge orders..so I hope mediator orders something good.
the mom is filing for an order shortening time and temp order for my part of break.. I am praying that judge denies her request, however the judge is a female, who has no children and for some reason is extremely bias!! I am doing my best and will continue to do so.
I believe that the mother is using her medical and going to walk in clinics to get mulitiple prescriptions and she is choosing pharmacies that are about 25 minutes away from one another, I am wondering if I should turn her in to medical fraud unit.

hope this clears up the confusion.. yes I know.. 2 kids 2 different mothers... and one hell of an attorney bill!!!!

CO is in CA, bm is filing motion to modify custody/visitation child is 12  she has decided she doesnt like what little I have and is attempting to take it.. anyways, mother I believe overuses vicadin and is on medical, my son tells me that she often sleeps most of the day away, and she also drives after taking 4-5 pills at a time.. but I dont know how to prove it..


1. How do I prove she overuses this drug?

2. Can I bring this up in mediation or is it hearsay?

3. any other advice?

Soc,

Daughter resides in FL with mother during school year and with father in CA during summer,father has christmas break every other year and spring break every other year, parents share joint legal custody and mother has sole physical due to distance.

father was supposed to have christmas of 2007 according to court order, however mother asked to swap with father having this year. Father agreed.  co is in CA

Father has just found out mothers home is in foreclosure and child has failed 3 of 4 major subjects in school child is in 8th grade and is 13.

1. Does mothers home in foreclosure have any bearing on custody?

2. Does childs grades have any bearing on custody?

3.  When child is here for christmas break should father ask court for custody due to above mentioned issues?

Soc,

Not sure if you remember, so heres a few basics, had custody case in Fl I (dad) live in CA, after a year and half FL gave case the boot and said CA should have juris...  so I filed in CA where I live, had initial hearing, judge granted what I asked for and ordered mother to immediately pay me for childs airline ticket to return to FL and ordered mediation.

I set date for mediation, bm refused to check in, her attorney says she doesnt know whats going on she cant get ahold of her client, in the mean time bm only calls 1 every 2 weeks, to speak with child. Now she has only spoken to her twice in 4 1/2 weeks,
Submitted papers to judge to reorder mediation (as per local rules)  judge ordered mother did check in but attempted to change date of mediation, they refused, bm still has not paid for return flight, mediation is tomorrow, child is supposed to leave Sat.  

My atty told her atty June 10th that if payment is not received prior to childs leave, child will not be on plane.  I have attempted to talk to bm on the rare occaseion when she calls, but everytime I get on phone she hangs up.

Im not even sure if bm will call in to mediation .. but we'll see.

Questions
1.What are my options?

2. Can I get in trouble if she is not on flight?

soc...

lets just say.. I totally agree with you, and my attorney has said the same thing, however he said he has to go by local rules, the bm was only given 48 hours to contact mediation if not, we will either go in front of judge on 5 day letter (depending on date) or we have a hearing scheduled for the 10th. At that time we will ask for temp custody. We are preparing all paperwork now..

thanks

ok so .. heres the latest..

my attorney finally got in touch with bms attorney, who said bm knew she had to check in for mediation however herr client (bm) is completely unwilling to cooperate, even with her. The atty's agreed to come to a stipulated agreement that bm would go to mediation as ordered by court.
We will get this stipulation back today and then I will call and make the appointment.
However I dont believe bm will call and check in. My atty says, she will probably be sanctioned with a fine from 500-1000 for not showing the first time, and if she does it twice, he will probably tear her a new one.

We are attempting to show that I am willing to compromise and it is truly the bm who does not act in the best interest of our child.  If bm does not call in to check in to mediation we will go in front of judge by 5 day letter to court and go from there.

Thanks

ok soc,


at our initial hearing judge awarded me entire summer, until recommendation could be made from mediation,  as it had been since last summer since I had daughter, so daughter is here with me. My atty says the atty that bm has is a nut, and may not have given the bm mediation information, but she gave her all the flight information so I think bm thinks mediation is voluntary, and heck this is exactly what she did with the case in FL.
So mediation office called me yesterday and said they gave bm till end of yesterday to call and then they cancelled appointment.  My attorney said he is going to call her attorney and that  we will have to ask for a rerefferal from the judge and go from there

1. Do you think we could ask for custody until the outcome of mediation?

thanks.. and here.. Im paying you with :) :) :) :) smiles.. lots and lots of them.. lol

ok soc, Im confused......


Not sure if you remember, I had a case in FL that was dismissed as CA should have it. I filed in CA we went to court, both parties have attorneys, we were referred to mediation, the court waved the orientation and bm was to appear by phone, mediation is scheduled for Thursday.
 Well I  submitted my intake forms, and I got a call from the mediation department, (I wasnt home it was on my machine) they said, bm never called to check in for mediation, they need to know if she knows theres mediation, and for me to call and let them know.

BM has a family law atty, and on the petition for custody it says mediation is mandatory, and during court we made all these arrangements for her to appear by phone, the only thing she had to do was call in for date. Which she didnt do.

1. What will happen with my case?

2. Will they just give me custody recommendation since bm didnt show up?

3. Since bm has an atty, it is her atty's job to make sure she has all info right????

4. Any suggestions?

thanks a million

Soc,


I have mediation in 2 weeks, my daughter has only been here for a few days, and she has told me that she is left home a lot at night while her mother and mothers boyfriend go out.


question:

1. Is there any laws (florida) that say how old a child must be before they can be left alone?


thanks