autumbuttrfly
recently joined
Reged: 11/11/08
Posts: 4
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I have been seperated a year now with my boys living with me. My two youngest are with my husband .my oldests father lives up north. In a year my husband has used and abused drugs and alcohol on a continual basis which is the reason for seperation. he has taken my car on numerous occasions and anytime he has his children I have to go get them because he is to drunk to take care of them. Because of the absolute hell he is putting us through and some of the behavior problems I am seeing in my youngest I am moving back home to mass in three weeks. One of the reasons is my terminally ill father. My husband at first agreed ,now that i have an apartment up there and everything all set to go he is now not in agreement . keep in mind this man could barely be bothered with children or there well fair for over a year,Nothing has been filed with the court as far as a divorce is concerned .I was told as long as I give him the address and phone number of where ill be living i should be fine. What am I looking at being up against as far as the legalities are concerned . Yes I understand he has rights.I understand my children have a right to see there father. They also have a right to child support and a sober safe parent but they arent getting either from him. I truly feel this move is in the best interest of my children and myself .any advice??
Edited by autumbuttrfly (11/11/08 02:39 PM)
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autumbuttrfly
recently joined
Reged: 11/11/08
Posts: 4
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I would also like to add my entire family is up in Massachusetts. I have absolutely no support in florida..I truly feel I can provide a better life for them up there as well as an opportunity for them to get to know there grandfather before he passes.I have no intentions of keeping children from him. I plan on keeping in contact with his family.as it stands now I dont have a way to get ahold of him directly other then through his family. usually its when he feels like contacting me that I hear from him..
Edited by autumbuttrfly (11/11/08 02:37 PM)
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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Unfortunately for you, Florida is a huge proponent of equal access... For a $49 filing fee, your husband will file a motion in the court to have his children returned to Florida.
You can live anywhere. The children will have to remain in Florida until/unless a judge decides otherwise.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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christine1
addict
Reged: 04/21/08
Posts: 439
Loc: Ma
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Speak to an attorney, get a divorce and bring all the points up regarding whether or not he is a fit parent, etc.
Good Luck,
Christine
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autumbuttrfly
recently joined
Reged: 11/11/08
Posts: 4
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Thank you for the responses. I have spoken with an attorney ,a few actually. All of them have told me I could legally leave the state of Fl. as long as I give him the address and number to where im staying. None however have been clear on what the possible legal ramifications are though or what i could be facing if I do go. What I have been told is in the state of florida until a divorce is actually filed anyone of us can pick up and relocate with children as we both have equal rights to them. I have been given so many conflicting answers from so many attorneys Im not sure what I can legally do or not do.Is there anything I can file with courts allowing me to leave with children in 3 weeks due to emergency circumstances? I have to be up there soon due to my father being terminally ill.
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NeverEnds
journeyman
Reged: 06/28/08
Posts: 62
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Yes, You and the children can leave with NO legal ramifications.
Yes, He can file in court to require the children be brought back. If you are not living here then that order can be granted without your presence (it is call "ex parte"); he could even be granted temorary custody depending on the "story" he tells.
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autumbuttrfly
recently joined
Reged: 11/11/08
Posts: 4
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Thank you again for the response. I really don't think custody is something he wants. Then again you never know what someone will do in the long run. It amazes me that he can leave the state when ever he feels like it with minimal consequences. I keep hearing that its my children's right to be close to both parents and this is the reason I can be facing problems if I leave. I think if that is the case that should also apply to the other parent as well. I will be sending him a certified notarized letter as to my where abouts,address etc. I also plan on keeping my cell phone number the same with Florida area code so he has no trouble contacting me. I don't want him to get away with telling the courts I just left with out telling him and he doesn't know where I am. Is there anything I can do to counter act that at all? Anyways thank you again for taking the time to respond.I am hoping that I can file right away when I get there. I have no intentions of keeping the children from him .As long as he is sober and seeking treatment. If he is not then do I have the right to ask that visitation be supervised by a family member of his.Also if I keep in constant contact with him and show proof of that through phone records will a judge take that in to consideration if he tries to tell them i left leaving him with no access to children?
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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I am hoping that I can file right away when I get there
>>>>>>>> Nope , it'll take 1 year to establish residency , till then Florida has jurisdiction over the kids .
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Careful. We don't want to learn from this.
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NDDaddy
recently joined
Reged: 10/08/08
Posts: 20
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This particular poster has been disproven about a gazillion times.
If you listen to this preach of hatred, then, you need to have your innards reexamined.
:P
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Please prove me wrong loserboy .
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Careful. We don't want to learn from this.
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