Custody-Visitation

[canderson]

Florida. I am in a custody dispute and I filed for divorce in Pensacola, Florida but moved to Tampa for a job. My husband is staying in Pensacola just for the legal fight and plans on going back to Texas. Will a judge allow my 3 yr. old to visit in Texas and if will I be financially responsible for my son's transportation to Texas. I am required to bring my son to Pensacola and pick him up right now for our temporary visitation order.

 

[MySonsMom]

This temporary visitation order....Do you have visitation or does the Father?

Since this arrangement now is just temporary, you can always fight the transportion situation. Either try for 50/50 split costs, or since he is the one leaving the area try for 100% his responsibility.

Since you are in a custody/divorce dispute now, why not ask your attorney these questions...Because he needs to know exactly what you want regarding the arrangements and the final decree.

 

[canderson]

I have temporary custody and my husband has visitation in Pensacola. 2 weeks with me, 2 weeks with my husband. The judge was upset with me because when I left I attempted to communicate with my husband to arrange visitation unsucessfully but the judge said I was required by law to have a "plan for visitation" and my attorney didn't advise me that if I should have made a "plan" even though he knew I was leaving and had to for my job security. So I look like I was purposely trying to hurt my husbands relationship with his son. The twist to this case is my concerns over my husbands ability to handle the responsibility. I'm his 3rd wife (my first marriage) and his son with his second wife is 10 and he's court ordered to have no alcohol or guns in his Texas order and now ours. The last attorney I talked with suggested I have a social investigation to make a better recommendation to the court. But my attorney is telling me that is only done in abuse cases and is encouraging me to go through mediation first. My concern is once the judge rules, isn't it hard then to try to reverse their decision without any major changes in our situation? Any advise on Social Investigations in Florida?

 

[MySonsMom]

I guess I am confused. If the child spends 2 weeks with you and 2 weeks with the Father, then you have what is called shared physical custody. Now you say that after the divorce is final, the Father is moving out of state? If there is distance involved, then shared physical custody is not an option.

What I suggest to you...File for physical custody of the child with your husband having visitation. Make an arrangement that is suitable for an out of state relationship with the child and Father. Ask for the Father to pay (or at least half) of all transportation costs incurred by the transportation with visitation. If your husband is not to do certain things around his first child, I would ask for it to be in your decree as well. Because there is obviously a reason that the first custody decree has it stipulated. Your right about changing orders...Once they are signed and agreed upon, you cannot change them easily without a major change in circumstance. Also, get child support settled as well. If your attorney has not offered you any of this advice, I suggest finding a different attorney.

Good luck!