I didn't file an ex parte due to our final dissoulition of marriage states that bm is not allowed to move more than 65 miles away from me, that should be okay, yes/no?
That is definitely in your favor. Her filing for relocation is seeking a modification of this clause. However, unless you're willing to take custody, the only option they will have is to let her move. I would file for custody.
I have a list of why my son needs to stay with me. Let's see....it's something like this:
-bm wants to move in w/rich (new) husband out of state as she said in her relocation papers so she wouldn't have to work and can spend all her time with the children.
-she has worked in different places part time for a while but quite several months ago after meeting now new husband.
-bm or son has no family, job, friends or anything waiting for them in NY
-All bm's family and my family live in the same county here in FL. In fact I live 5 min. from 2 of bm's sisters and mother.
-All son's friends live here but I won't be able to keep him in same school, their's an elementry school every 5 miles from each other and I live 25 miles from his current school so he will have to change schools. Which would put him in the same elementry school his mama went to.
I would keep this list focused on the child, and not attacking the mother. Don't say anything about how much money her new husband makes, etc. This will look like jealousy on your part, and possibly make it look like you will have a hard time cooperating. You want to focus on the child, and what's best for him - staying in the place where he's grown up his whole life, staying on the same sports teams, being around family and friends. He could possibly remain in the same school until the end of the school year (if you can drive him there). Does your family live close by? Does hers? If so, mention that the child will have access to extended family on both sides (and show that you're open to letting the child spend time with her family).
Your primary reason will be the detriment of your son's relationship to his father. You will want to show how involved you are in his life, as that will be impossible if he is moved to NY.
How long did she date her new husband before marrying him? You might want your lawyer to point out that the relationship between your son and his new step-dad is very new, and that BM is putting the relationship before the needs of her son (stability, time with his father). Especially considering she is not allowing communication, and she has denied your visitation. Make sure you're making note of all the times you called to speak with your son and were denied. Write down the date, the time, what number you called, and whether or not you were allowed to speak with him.
Make sure you have a water-tight plan in place for your child's care if you were to be granted custody. How will you provide care for him while you're at work?
If your CO is vague (every other weekend leaves room for argument), have it modified so that it is clear to all parties. As an example, "
Father shall have parenting time on the first and third weekends of the month. If the month includes a fifth weekend, father shall have parenting time on the fifth weekend. Weekend parenting time shall commence at 6:00 p.m. on Friday, and conclude at 6:00 p.m. on Sunday. If Monday is a holiday, parenting time shall conclude at 6:00 p.m. on Monday." This leaves far less room for exploitation. You may also need to have transportation written into the agreement, along with telephone communication since she's playing games with that as well.
In her notice of her intent to relocate, what has she given as her suggestion for your visitation schedule after she moves. What is her suggestion for transportation? This is important, because she HAS to put this in her request, and it could very much be in your favor.
Click this link and read section 61.13001. Parental relocation with a child:
http://www.womenslaw.org/statutes_detail.php?statute_id=930#statute-top Note that one of the factors is "The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person;
and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court."
Your ex's non-compliance with the current order is of great consequence, because it shows that she is likely to violate the order once she relocates.
Is the social evaluation suppose to determine what kind of relationship my son and I have? Like do we get along, play well w/one another, respectful, loving relationship, is he scard of me, does he like me, things of that nature
or, are they going to come into the house and look at his bedroom, is their food in the pantry, bugs on the floor, yard to play in, things of that nature or both?
Depends on the investogator. They are not governed by specific rules for the investigation. Social investigations are governed by Florida Administrative Rule 64B4-7.006, which speaks to the investigator's qualifications, not the conduct of the investigation.
Topic: What should I do and also is this legal? (Read 3624 times)