New development...

[wallyworld]

Okay previous case details>

I am in IL, ex and child are in FL

In May 2002 ex gave daughter to me for extended period of time (no def. time) wanted me to enroll her in school here etc...

Daughter told me of abuse, I got a lawyer, lawyer goofed as daughter only lived in IL for 5 NOT 6 months.  Ex's parents paid for attorney (they probably had been the ones raising her in FL) and back to FL my daughter went.

A 2 year battle for visitation and child support followed (due to lawyers dragging it out).  With IL retaining cs jurisdiction and her getting more $$ and ex and I AGREEING on extended visitation (all summer, most all long school holidays).


The visitation schedule has worked very well.

WELL about a month ago my ex called very amicably  and dropped a bomb.  

SHE ASKED ME TO ENROLL MY DAUGHTER IN SCHOOL IN IL FOR AN UNDETERMINED AMOUNT OF TIME~!  (go figure after spending 10000 on lawyer fees she decides she doesn't want to be a mom again...

WEll she said that she got married and her new husband is a pilot.  She said her husband and my daughter do not like each other.  And because he is a pilot that when he is there, she would like alone time wth her husband, and that isn't fair to our daughter.  She then stated that my duaghter has ALWAYS wanted to live with me.

Oh during this time my ex moved with our daughter to houston where her husband is stationed.  

Well that was a month ago.  My ex said that she changed her mind and that HER and My daughter moved back to FL with her parents at least until the end of the school year.

THe houston teacher called saying that my duaghter is excessive truant and that she is failing 4th grade (as was she in FL as what the TX teacher said).  She sent a police officer to my ex's address.  It appeared as if my ex still lived there.

So now my daughter is enrolled in school back in FL at her grandparents place of residence.

I am almost certain that my ex is still in houston and that she left our daughter with her parents in FL.  As she just married in Jan. and I cannot see her leaving her new husband.  I am guessing that she told her parents that she was gong to have daughter stay with me and they flipped.  

I am in process of getting new school info to see who filled out the registration papers, etc...

Ex is being soooooo nice now too.  It's unreal.  so obviously she is hiding something.

1.  What can I do about child living iwth grandparents?

2.  Is there a time limit I should wait showing that ex abandoned child with her parents?

3. what proof do I need showing that she isn't living with parents.  What evidence with suffice?

4.  Would it still be the florida courts having jurisdiciton?

[socrateaser]

>1.  What can I do about child living iwth grandparents?

Hire a private detective to determine the facts. You don't really know what's going on, and until you do, you can't file a motion to modify custody.

>
>2.  Is there a time limit I should wait showing that ex
>abandoned child with her parents?

See above. Don't wait -- act now -- if you can afford it, because at the moment there's no status quo, as the child is being bounced from place to place.

>
>3. what proof do I need showing that she isn't living with
>parents.  What evidence with suffice?

Third party witness in TX and FL who will report that the mother and child are living in two different places. You will need two private eyes, so you can establish that both are simultaneously in different States.

>
>4.  Would it still be the florida courts having jurisdiciton?

Yes.

[wallyworld]

I am in IL ex is in FL (or TX unsure)

HOmestate of child is FL

Ex just telephoned stating that she wants me to have our daughter about 4 days early for spring break.  She says she will fly her here at no expense to me as she is married to a pilot and our daughter flys free.  I have emails of her confirming that she will fly her here for free AND make sure she is booked for a return flight on Sun the 19th.  Due to spring break travel I am scared she will get bumped because she is flying standby.  

Court order states I provide transportation costs for spring break.

1.  What happens if there is no return flight booked.  (ie: ex doesnt book it or daughter gets bumped)

2.  Will I be responsible to find a flight at one days notice and pay for it even though I have emails stating my ex will?

3.  If ex decides she doesn't want to be a mother and wants me to enroll child in school here and NOT return her  Do I wait 6 months and file for custody in IL.  Or immed.  file in FL.  Last time ex got her back due to IL not having jurisdiciton.

4.  What time frame is considered for abandonment?

5.  Do I file an emerg. ex parte hearing in IL?

[socrateaser]

>I am in IL ex is in FL (or TX unsure)
>
>HOmestate of child is FL
>
>Ex just telephoned stating that she wants me to have our
>daughter about 4 days early for spring break.  She says she
>will fly her here at no expense to me as she is married to a
>pilot and our daughter flys free.  I have emails of her
>confirming that she will fly her here for free AND make sure
>she is booked for a return flight on Sun the 19th.  Due to
>spring break travel I am scared she will get bumped because
>she is flying standby.  
>
>Court order states I provide transportation costs for spring
>break.
>
>1.  What happens if there is no return flight booked.  (ie: ex
>doesnt book it or daughter gets bumped).

It's your responsibility to provide transportation, so I would suggest that you book the flight and have your ex reimburse you for whatever she plans to pay.

If she doesn't pay, and/or the child doesn't show on time/date certain, well, she had no responsibility anyway, so you can't really complain.

>2.  Will I be responsible to find a flight at one days notice
>and pay for it even though I have emails stating my ex will?

You can sue her in small claims on grounds of detrimental reliance, because she promised and you didn't make plans as a consequence. However, it's not a family court issue, so you'll have hell to collect if the court awards you damages.

I'll say it again. It's not her responsibility to pay for the child's flights, so if you want to risk it, that's your problem if it doesn't work out.

>
>3.  If ex decides she doesn't want to be a mother and wants me
>to enroll child in school here and NOT return her  Do I wait 6
>months and file for custody in IL.  Or immed.  file in FL.
>Last time ex got her back due to IL not having jurisdiciton.

You need something in writing from the mom stating that she wants you to take over the role of primary parent. Otherwise, you'll probably end up in the same spot as before -- although the FL court may look at it differently, because this will be the second time around.

>4.  What time frame is considered for abandonment?

Abandonment refers to a parent who leaves a child completely without any support. If the child is in your care, the other parent cannot legally abandon, because you are supporting.

What you mean, is how long before the "status quo" re custody changes? Answer: 90 days is typical.

>5.  Do I file an emerg. ex parte hearing in IL?

You could, but you need evidence that the child will suffer irreparable harm, if you don't get primary custody, and I don't see that from your facts. However, if the kid is in your care for a month, and she is in school in IL, then that would probably show irreparable harm, because the child's schooling and socialization would suffer.

So, you can't file for an emergency action in IL until the other parent demands the child's return.

You should try to get something in writing from the other parent now, and now wait until she shifts gears again to your disadvantage.