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Author Topic: need a little research help  (Read 6012 times)

mudbunnies

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need a little research help
« on: Nov 24, 2003, 05:11:47 AM »
hey everyone, i posted on the old boards but can seem to get back to read any posts so here i am again, forgive me....

i'm a step-mom who filed a motion to intervene so i could help my SO with the p/up and d/offs

the bio mom is fighting this tooth and nail, so is her atty

i am researching this issue myself but was hoping that someone out there knew something that might help as well

Case is in Florida

Anyone know of anything, case law, law, whatever that can help support this issue please post, my SO is going back to school and I have asked the courts for the right to p/up child on dad's behalf...that's all i'm asking for....

thanks guys.


Nowastepmom

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RE: need a little research help
« Reply #1 on: Nov 24, 2003, 06:17:11 AM »
Ok, this is something that I really do not understand.  Why do bm's have such a problem with so's doing p/u or d/o?  Why is the bm raising such h**l?   I am assuming just to annoy your so I am sure!!!

Sorry I dont have any casea laws on this, but we are in FL as well.

BTW, my old handle used to be Almoststepmom, but i thought that it was appropriate to change it, since now I am a stepmom!!!

mudbunnies

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RE: need a little research help
« Reply #2 on: Nov 24, 2003, 09:15:58 AM »
welcome to the step-mom family!

yes the bio-mom does more than bitch about p/up & such, she's even tried to have me arrested, sued husband stating my body language threatened her, sued husband cause i got out of the car, and the most entertaining one in my opinion, called the police and told them i killed her son while he was at our house.....

gotta love 'm

all i want to do is be a taxi service... its not a big issue, bio mom doesn't even show up at the exchanges, she sends her parents, she's pathetic..

but god forbid dad should have some help.....

to her, its all about the money...

congrat to u though

stepmom who cares

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RE: need a little research help
« Reply #3 on: Nov 24, 2003, 11:44:36 AM »
I am on a roll regarding BM's today -  can't she see what is best for the CHILD!!!!  She needs to take her blinders off - and see that he needs picked up or dropped off - and the small amount of time he spends in the car with you - won't turn him into a ax murder!  He will continue to be a stable child.  However, all her bickering and claims could push him over the edge - Good luck!

NancyLou

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RE: need a little research help
« Reply #4 on: Nov 24, 2003, 07:04:04 PM »
I looked a thousand different ways for any case law related to this and there is none.  Probably because everyone but the BM thinks it's a trivial issue.

The judge will probably allow it, should it come to that.  You need to present it as a best interest of the child thing.  Also, and judges love this, it needs to be told that you and the hubby are trying to form a family unit that not only includes the BM, the child and the BF, but you, an authority and parental figure in the child's life and to exclude you in this manner trivializes the important role you play as a member of a family.

To family judges, this is such a stupid, trivial thing to deal with, they usually grant it.


nosonew

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RE: need a little research help-Suggestion
« Reply #5 on: Nov 24, 2003, 07:42:25 PM »
Don't know any caselaw either, but a friend had this problem and the dad can now send "any adult for pickup and dropoff" that he chooses, and to alleviate problems, they meet at a police station.  BTW, neither parent can control what or who the child is with when with the other parent unless that person is a convicted child molester, so bm is just being a bi*ch! The judge should see right through this. Good luck.

VeronicaGia

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RE: need a little research help
« Reply #6 on: Nov 25, 2003, 04:49:28 PM »
and the most entertaining one in my opinion, called the
>police and told them i killed her son while he was at our
>house.....
>
>gotta love 'm
>


What?????  What happened when the police got there and found out it was a bogus call?  What a nut!

mudbunnies

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police report
« Reply #7 on: Nov 26, 2003, 04:02:38 AM »
well, dad got a recording of her phone call to the police and played it at court for the judge, bio mom had a fit saying he wasnt' authorized to record her & stuff, judge allowed it since police recorded it...

judge did not grant dad's motion for contempt however he did give her a 20 minute lecture on how she wasted the courts time, the police's time and could possibly have cost someone their life because she had the police out on her wild goose chase (judge had JUST become family court judge, he had previously been criminal court so he was pissed at her) judge then advised her that he would jail her if she did it again

we then sued her in civil court for neglect and breach of implied parenting contract.....

the suit did not get far as we have to refile in her county where she lives instead of the county where the action took place, go figure, however, as we have been pro se for a year now, she has been paying TWO attorneys full time now for almost a year....

kiddosmom

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RE: need a little research help-Suggestion
« Reply #8 on: Nov 26, 2003, 08:41:28 AM »
actually the phrase is
"Parent may designate any compitant adult"
I learned that one lol, our bm wishes i were dead and buried "cannot stand the sight of me" ect ect ect.. but she has no choice,, kinda gets you right there when you can sit back and think to yourself 'neener neener neener'

vino

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RE: need a little research help
« Reply #9 on: Dec 03, 2003, 08:57:19 PM »
My case is in Florida too.  Would like to work on changing the law when stupid situations like this occur.  If we band together it will make a difference.  Done lots of research & willing to contribute time & energy.

mudbunnies

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a fellow floridian
« Reply #10 on: Dec 04, 2003, 05:31:38 AM »
hey there vino

well, after much research and several attorney consults, there are NO laws, statutes, or case law which enables a step-parent to step in, in my circumstances, there are areas for grandparents, and there are areas for SP when the CP dies... so we were very limited...

however, the moment the opposing counsel got this motion he filed to strike it and set if for a  hearing in about 2 weeks, gee, he never agreed to a hearing that quick on other issues....

so.... we've withdrawn my motion, filed for temp relief under the petition for mod, and mediation, and compel discovery, and have set it all for the hearing originally set for my motion to intervene

so we're pleased with the progress and hope that in a few weeks we can come back with good news...

and, we think we've found a competent attorney that we are going to hire after the first of the year to handle the trial on the pet for mod if mediation does not work out...

her opinion " we will aggressively pursue the CP's failure to communicate with the father in court since father has shared parental responsibility"

vino, feel free to tell us your battles and we all contribute around here, we all love to join in and support petitions, fellows comrades and denied parents..

which county is your case in?

vino

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RE: a fellow floridian
« Reply #11 on: Dec 07, 2003, 11:30:24 AM »
We live in Lakeland. Our case is in Sarasota.  Where is yours?  I did see on the chat there is an attempt to make an attempt by the FL bar that there should be a presumption that children of diverce should spend equal time with parents.  Asking for comments be sent to Debby Beck at the FL Bar, 651 E. Jefferson St., Tallahassee, FL 32399-2300 or call 850-561-5650.  Spread the word.

 

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