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Messages - helpingdad

#1
Just a little background on our story. Dad gained custody of 15 year and 17 year old a month ago. Mother is really mad and is vowing to regain custody of 15 year old. The 17 year old will graduate this summer.

Mother's big reason for being involved with the 15 year old right now is to get her to go live with her the next school year. The bigger reason is she is not getting a sizeable support check anymore.

The court battle took alot out of Dad and he does not want to go through another court case. The previous court case took place in Ohio but all parties now live in Fl. If the mother gets custody of the daughter this summer, will Fl laws be applicable to this case.

Will the child support mod be based on Fl laws? In court the mother said that she doesn't work and takes care of an ailing man and in return he takes care of her. She lives with him. She may marry him soon. So the court used her income  and Dad' income from 2001 when the divorce happened to calculate current support. If she uses the excuse that she doesn't work and has no income, will the Fl courts base child support mod on Dad's present income and hers as $0.00. Will they use anything from Ohio?

Thanks again for your advice and help.
#2
Dear Socrateaser / custody change
Jan 22, 2007, 06:55:55 PM
Just wanted to update you on Dad's custody case of 15 and 17 year old. Dad got legal custody of both kids today. Thanks for your advice. I passed it on to Dad's lawyer who used your suggestions.

This was a difficult process for all of us. The road ahead will not be easy as the mother has already begun the campaign to get everything reversed. But despite all of that it is still a major victory for the kids and Dad. Again thanks so much.

#3
Dear Socrateaser / custody hearing
Jan 13, 2007, 09:24:57 AM
Dad got temporary custody of 15 and 17 year olds. Mother never showed up for pretrial. She asked and was granted 3 continuances prior to pretrial.

Since the ruling about 10 days ago the mother has been overly interested in spending time with 15 year old girl. Never asks to spend time to with 17 year old boy. She took her on a shopping spree last weekend and now wants her to spend the weekend with her. This is the first time she has spent an overnight with her in 7 months. The final hearing is on 01/22/07. How will this be viewed in court?
#4
Dear Socrateaser / temporary custody
Jan 04, 2007, 06:46:12 PM

Just wanted to update you on Dad's case. 2 kids have been living with Dad since July. Mother has little contact with kids but did want to give up custody.


Dad had a pre-trial hearing for custody of 2 kids. Mother did not show up. She had 4 continuances from 10/06- 01/07. Magistrate gave Dad temporary custody of kids. This was a victory for Dad who for a while wasn't sure what to make of the continuances given to Mother. Magistrate set final hearing for approximately 3 weeks from today. Is there anything Dad can do to prepare for the hearing?

Thanks for your help.
#5
Dear Socrateaser / RE: temporary custody
Nov 28, 2006, 06:31:27 PM
Dad's attorney broached the subject. Mom suggested that nothing change. Dad should keep the kids pay all medical and living expenses for them. She would then return the child support to him. All of this would be done based on her word. She has a penchant for high living and an aversion for work. Thus wherever she goes the creditors follow. Dad knows that he will never see a dime of the money based on her word. Dad would love do take care of the kids without any financial help from her. Mom is having a hard time giving up the child support.
#6
Dear Socrateaser / RE: temporary custody
Nov 27, 2006, 02:35:34 PM
Dad called attorney and asked for motion to be filed on notarized note. Still have no update on the motion.

Both kids are very frustrated with this prolonged situation and asked if it would be possible for them to talk to the judge. Is this something that can be done? If so how do you go about doing something like this?

Thanks again for your help.
#7
Dear Socrateaser / RE: temporary custody
Nov 16, 2006, 04:46:16 PM
Sorry I sent a new message earlier without much background so I am reposting so you will have a little background info.

Talked to attorney. She said Dad can't file for temp. custody because even though there has been minimal phone conversation with Mom and initiated by the kids, it is still considered contact. Doesn't matter that she hasn't seen them. She also said  Dad is taking care of kids so they are not in danger.

Mom filed pro se and sent something some filing to the judge. Whatever it is we don't know but judge granted her a continuance. Dad's attorney doesn't have anything that Mom filed. We did find out from another source that there is a letter stating that Mom did not give Dad temporary custody.

However she faxed a notarized copy to the school stating that she gave Dad and new wife temporary custody for 2006-2007 school year. Dad has a copy. Is this significant?

Can Mom come and force kids 15 and 17 to go live with her since she has custody? Thanks for your help.

#8
Dear Socrateaser / temporary custody
Nov 15, 2006, 03:12:37 PM
Mom left kids with dad on July 10th. Daughter and son 15 and 17. Mom has custody. Dad hired an attorney to get custody, support mod. Kids have been living with dad since 07/10/2006. Mom has not come to see kids during this time.

Pretrial hearing has been scheduled 3 times because the mother always has an excuse. Should a pretrial hearing take 3 to 4 months to schedule?

Dad would like to seek temporary custody in the meantime. How does he go about doing this? He feels that Mom is biding her time and will come and get the kids at end of the school term on 12/22. Next hearing is scheduled for 01/03/07. This of course would mean she will have the kids when and if she shows up for the hearing.  Both kids do not want to live with her and have told her so. Kids would probably have to change schools in the middle of the school year if Mom takes them.

All of your help is appreciated. Thanks.




#9
Dear Socrateaser / temporary custody
Nov 15, 2006, 03:12:37 PM
Mom left kids with dad on July 10th. Daughter and son 15 and 17. Mom has custody. Dad hired an attorney to get custody, support mod. Kids have been living with dad since 07/10/2006. Mom has not come to see kids during this time.

Pretrial hearing has been scheduled 3 times because the mother always has an excuse. Should a pretrial hearing take 3 to 4 months to schedule?

Dad would like to seek temporary custody in the meantime. How does he go about doing this? He feels that Mom is biding her time and will come and get the kids at end of the school term on 12/22. Next hearing is scheduled for 01/03/07. This of course would mean she will have the kids when and if she shows up for the hearing.  Both kids do not want to live with her and have told her so. Kids would probably have to change schools in the middle of the school year if Mom takes them.

All of your help is appreciated. Thanks.




#10
Dear Socrateaser / custody change
Nov 10, 2006, 08:43:24 AM
Mother lives in OH. Dad lives in Fl. They have 2 kids aged 15 and 17. Mom has legal and residential custody. Dad got kids for summer. Mother also came to vacation in Fl. with new boyfriend for 5 weeks. Mom did not want to see kids during the time she was in Fl. Dad asked her to change custody and she said fine. She signed for them to enroll in high school in Fl. She has made no changes legally with the court.

Dad hired attorney is Sept. for change of custody, modification of child support, and wage withhold stopped. Mom conveniently had an emergency on the pretrial date in Oct. New pretrial date set for Dec. We know she will have another emergency on that day. We know she wants to prolong this until son turns 18 in Feb. Son doesn't get along with new boyfriend. We know she actually only wants daughter to live with her and boyfriend. Any suggestions for us in this situation? Thanks.