Florida Custody Questions

[jayson]

Long Story short (kinda).... I live in Arizona, my now X is in Florida. In 2003 years ago she took our son to FL and signed over custody of him to her mother telling the court she did not know how to reach me for my permission (this of course was a lie). X is now severing year 3 of a 7 year sentence in FL federal prison for trafficking in Meth. After many attorneys in October 2007 I was awarded custody of my son. For his benefit I agreed to allow him to complete the 2007/2008 school year in Florida and move to Arizona on July 25, 2008. Well on July 2, 2008 the grandparents filed papers in Florida saying my son was in couseling to get him ready for the move and that he would need additional time to adjust to this move. He had just been to Arizona for Christmas 2007 and spring break 2008 and both visits was VERY excited about moving to AZ to live with me, my wife and his brother and sister. My son was 7 yeasr old in March 2008.

The case was reassigned to a General Magistrate over my objections. My attorney has since removed himself from the case saying I owe him over $8,000. I have a copy of a deposition where the grandparents attorney asks what his charge is for the case and he states that he agreed to take the case for a flat $4,000 fee + filing costs. He now says that was not the agreement.

Since I am in Arizona and Florida has jurisdication I am trying to handle the case pro-sei as I can not longer afford an attorney. According to the custody arrangment from October 2007 I agreed to allow the grandparents to have visition on Thanksgiving, 1 week at Christmas (alternating years on Christmas day), spring break and summer visitation. As they filed the new custody documents just days before he was to move to Arizona I did not get to see my son at all over the summer. They refused to allow him to come to Arizona for Thanksgiving and for Christmas they said they were taking him to North Carolina and if I wanted to see him I would have to fly him to Arizona from there and then back to Florida. This would not have been a problem if they would have given me enough notice to be able to purchase a ticket with advance notice. I did not have the $870. that this would have cost so I did not get to see him for Christmas even though they had him for Christmas Day last year.

In December they were awarded $490 a month in child support. I can not afford this and have no idea how to contest it. I am supposed to be allowed 3 phone calls per week with my son (court ordered) but they do not answer the phone more than twice a month.

Can anyone offer some advice. I want to file for immediate custody of my son. If that is not possible I want to force them to provide the records of his counseling visits. I want copies of his report cards. I want them found in contempt of court for not allowing the phone calls.

Please help me.

Jayson

[MixedBag]

contempt for phone calls when you have bigger fish to fry?

Where does it all stand for transferring custody over to you permanently?

That's what I'd focus on.

[Ref]

What does the order say that extends the time your child is with the gparents?

One thing you might want to consider is meeting with a child therapist that specilizes in changes in custody. That way you can let them know that there is no need for the child to stay with the gparents because the child will have similar support when he lives with you. You can offer the court the contact information and let them know this is who you have met and will be working with. - Your insurance might cover such a visit OR the Dr. may offer a free consultation.

I would not recommend going Pro Se. Long distance is difficult enough with a lawyer. It isn't because of the facts of the case. It is all the procedural stuff that can really get you in a mess of you-know-what. This case sounds complicated enough.

If you have to, Florida does have some good pages to Family Law forms. Just google Family Law Forms and Florida and it will give you a decent listing.

Take care,
Ref