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So, if one want's to record conversations but it's not legal (FL) w/out stating such to the other party can you tell the other party in one conversation from now on every conversation we have including this one will be recorded w/out having to tell them on every conversation? Or as amtotwo posted send a certified letter stating such and that will suffice?

Thanks!
SuuuuperDaaad

Ok, this is how it all worked out.  Ex and I went to court long drawn out process but now its over.  She got what she wanted and the judge allowed her to move from FL to N.Y.  However, she decided that she isn't going to move until after summer. The final hearing was in Jan., I received papers in the mail stating the new visitation schedule dated Feb 25th.  It also states
5. "Except as otherwise specifically set forth herein, all prior orders and judgments of the Court shall remain in full force and effect.
6."The Court reserves jurisdiction over the parties and subject matter of this proceeding for purposes of enforcement and modification.
    Then it is dated and stamped with GM's name.

The visitation schedule states that I get my son for spring break on odd number of years and she does for even number of years.  Also, my summer visitation is the first 4 weeks of the summer.  Our old order states that I don't have any spring break visitation and I have 2 weeks during the summer.

Now, with all that said.  Ex told me today that I'm not getting my son for spring break and I'm only getting him for 2 weeks during the summer because she said that we don't have to abide by the new order until she "MOVES" and if she never moves then we'll always go by the old order and my "Limited" visitation will remain in effect.  Does this sound right?

Thanks!!

Change of custody is warranted at this time, as mother is moving out of the state to be with her new husband who resides in New York.  It would be detrimental for the child to loose the current relationship with his father as his father is now and has always has been a part of the child's life.  Father will encourage contact with mother with very reasonable visitation as well as having access to extended family members on both sides. Father feels it would be in the best interest of the child to stay in Florida with his father as he will be able to have continual contact with the same family members, friends and extra curricular activities in a place he has grown up his whole life.

Mother is leaving our home state of Florida to live with her new husband in New York where there is no family, friends or transfer of employment.  The relationship of child and his new step-father is very new and mother is putting that relationship before the needs of our child; such as stability and time with his father.

If relocation is granted the feasibility of preserving the relationship between the father and child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing; the likelihood of compliance with the substitute arrangements by the mother once she is out of the jurisdiction of the court is highly unlikely due to mother's non-compliance with the current order.  It is of great consequence, because it shows that she is likely to violate the order once she relocates.



I'll take any advise (as always)

Thanks

[former husband's Motion for Civil Contempt/Enforcement]

I filled a motion for civil contempt of court on my ex for dening my weekend visitation a few months ago and filed again last month for the same thing.
I've been reading and it looks like I have to
..file a motion for referral to General Magistrate..
..file Order of referral to General Magistrate..
..Notice of Hearing before General Magistrate..

Now, I'm typing my motion for referral to General Magistrate.  I was cheating, I was looking at the motion for referral to General Magistrate that her attorney sent me (I want to sound at least a little professional)
She and I are going through the court system because she is trying to relocate w/my son to N.Y as you may have read around here.
As I was reading the motion for referral to GM that she sent me it says

"As required by 13th Judicial Circuit Administrative Order S-2007-116 dated September 4, 2007, the former wife files this motion for entry of an order of referral to general magistrate for futher proceedings pursuant to applicable florida statutes (2007), Florida Family Law Rules of Procedure and current local Administrative Orders for resolution of the issues raised in the former husband's Motion for Civil Contempt/Enforcement and objection to Mother's anticipated relocation of the minor child out of the State of Florida."

See the bolded phrase.....
Do I need to file anything? Is my motion for contempt going to be heard at the same time (Hearing set for March 22nd) her motion to relocate out of state and is this best? Should I go ahead and file the motions and orders I've been reading about and do it my self or wait until March and discuss both contempt fillings and objection for her relocation?

I need to do what's in my best interest, what makes me look the best to the courts as she has an attorney and I do not.  I found an attorney I'd like to hire but OH MY $$$$$$$$$   

Thanks for your help!!!
SuperDad

I see! Thanks for the info!

I have a concern I need a little help with.  It appears that my son (10, in the 4th grade) comes home from school to be by himself (apartment living).  He has a 16 yo sister in H.S and it appears that his mother has started going to school for something herself.  I don't know what time bm gets home but my son told me that he turns his cell phone off when he goes into school and back on when he gets home from school (bus rider) every day so bm can call and make sure that he has made it home safely.  What I don't know is how many days a week or how long he is home alone.  I feel very concerned about this, should I be?  I watch the news a lot and a lot of bad things happen to kids all the time.  I'ts maken me feel ill.

Thanks

I agree with tigger.  I currently have split holidays and it is impossible and inconvenient especially if the BM is uncooperative you will be left out more times than not and won't have a say in what time you want your child.  I also agree with having everything spelled out from school to sports to phone calls just like NYParent said. I don't have phone contact in my DC and I go weeks sometimes w/out talking to my son.  It's very upsetting and frustrating!
Every other weekend (like I have) is a no no!! Spell it out, first, third and fifth weekends of the month.
I'm currently going through the samething (if not fighting for custody) and I need to change a lot.  Anything left in the gray area will leave you mad in future when bm does what she wants when she wants.  It may seem like a lot but it needs to be on PAPER!! Be Very Detailed!!

Good Luck

Man, I have to say you guys are pretty smart around here!! I'm glad I signed up at this forum!
I WILL be filling for costudy next week. gemini3 like you said I won't let my feelings get in the way of the wording in the motion for costudy.  ALL of both our families live within 30 min from each other and that's great.
Funny thing bm started dating new husband in March.  I said somthing to her about it a while ago and she said to me we have been dating for a long time.  I said no because you were dating **** in January, she said "I can date as many people as I want at the same time", so I'm thinking proving her length of relationship will be difficult will lie in out and around court.  The reason I know is my son came out and told me one day "my mom has a new boyfriend she met at the casino".
The notice of intent to relocate states:
"Mother and step-father will pay for all the transportation costs for the minor child to continue th have visitation with his father.  Mother will accompany child on alternate weeekends until he is comfortable traveling by himself. This will result in the father continuing to have essentially the time sharing that he currently has available to him under the existing final judgment of dissolution of marriage at no additional expense to him."
schedule for time sharing: alternating weekends, alternating Thanksgiving (no spicific dates), alternating Christmas (no spicific dates), spring break (again no spicific dates) and 4 weeks during the summer.
As far as the summer visitation, I'm currently ordered 2 weeks now but this past summer after I got my son for my two weeks his mother called him every day.  Told him she bought him a toy gun he had been dying for. She was sending him pic messages to son's phone of herself, Told him she was on an airplane and had to make an emergency landing because it ran out of gas and they almost crashed. Well, I picked him up on a Friday (which just happened to be my weekend) and he went home the following Monday night because she wouldn't leave him alone w/the drama and he felt he had to be there w/her.  So I didn't get my two weeks I got 3 days.  I tried to make arrangements to get my son at least one week later in the summer and she told me "forget it you had your chance and you didn't want him".

My wife is a great help with all of this and she has been writting every conversation down pretty much word for word between bm and myself.  Times, dates, everything.  All a coutinuation of a journal that has been going on sense 2004.

Again I thank you for all the helpful information!
I get to see my son today (its been weeks).  His baseball coach just call me and told me your son will be playing baseball today.  Woohooo, at least someone called me.  He had a soccer game and a baseball game today at the same time and I had no idea which one he was going to attend if any at all.  It would be nice if my son or bm would at least send me a text and let me know.  I wonder if my boy will be allowed to tell me happy b-day to day lol


 

I went down and filed contempt of court due to bm not letting me have son during my latest time sharing schedule.  We still have not gone to court for the last contempt of court I filed for the same issue.  Maybe the judge or magistrate will hear both at the same time, I don't really know. 
I did look into filling for change of costudy but I'm a bit intemidated by that.  I guess I'll wait until I hire an attorney (hopefully soon). 
I didn't file an ex parte due to our final dissoulition of marriage states that bm is not allowed to move more than 65 miles away from me, that should be okay, yes/no?
I did look up bm marriage license in public records which indicates she did get married here in FL.
Yes, our case file is still open w/the court.  I do check it a few times a week on line to see if she has filed anything.
I have a list of why my son needs to stay with me.  Let's see....it's something like this:
-bm wants to move in w/rich (new) husband out of state as she said in her relocation papers so she wouldn't have to work and can spend all her time with the children.
-she has worked in different places part time for a while but quite several months ago after meeting now new husband.
-bm or son has no family, job, friends or anything waiting for them in NY
-All bm's family and my family live in the same county here in FL.  In fact I live 5 min. from 2 of bm's sisters and mother.
-All son's friends live here but I won't be able to keep him in same school, their's an elementry school every 5 miles from each other and I live 25 miles from his current school so he will have to change schools. Which would put him in the same elementry school his mama went to.

Is the social evaluation suppose to determine what kind of relationship my son and I have?  Like do we get along, play well w/one another, respectful, loving relationship, is he scard of me, does he like me, things of that nature
or, are they going to come into the house and look at his bedroom, is their food in the pantry, bugs on the floor, yard to play in, things of that nature
or both?

Thanks as always!!!

I guess I can show I called bm, son (w/no answer) and police via phone records.  I still can't get a hold of my son, it's been three weeks now.  She always tells me "that's why I bought him a phone so you can call him"  but I can't ever get through.  Several times I've called her phone and she answered but won't put my son on she'll just tell me "yeah he's right here watching tv, call him on his phone that's why I bought it" then she will hang up.  I'll call my son on his phone and no answer.
I've been reading a lot of threads and I just can't figure out what's up w/all the mothers out there that just don't care and are so evil.  You always hear on tv don't be a "deadbeat dad" but many mothers out there make it almost impossible to be a part of your kids life.  I just don't get it!!  Oh, but don't miss a child support payment whatever you do.  Miss a payment, DL invalid in 3 weeks.  Denied visitation for 6 months, oh well set another court date.
CRAZY, I hope things get better for the next generations!

Good Luck to All Of Us Out There Just Trying To Be DAD