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  1. #1
    pavolini74 is offline Junior Member
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    Question FL Modification to Parental Responsibility/Time Sharing

    What is the name of your state (only U.S. law)? Santa Rosa County, FL

    The mother and I have a 50/50 Parental Responsibility agreement through mediation signed off on by the judge. My son is 16 months old, this occured in June, 2009. I paid $5,000 to my attorney and gave in to 50/50 even though I had him 90% of the time since he was 6month old And she stated she needed to keep him to get money back on her taxes. I couldn't afford the attorney fees, mediation etc anymore; she had to pay nothing. (Her visitation was suspended at final hearing in July 09 for refusing to take the parenting class ordered by the judge.) Since mediation she has kept him overnight one time and has seen him 3 times at her mother's home.
    I want to know when I can go back and request Sole Parental Responsibility per Florida law? 6 months? I would like to amend the Time Sharing agreement as well. I need to know what a judge looks at when making his decision. She will probably answer the petition and show up for hearing.
    Will he consider these or should I put these in the petition:
    Suspended drivers license; cannot keep a job (has had 4 in 6 months), is homeless again(moved 6 times w/i the year; very little visitation as stated above(did not attend or gift at birthday, did not go for his surgery at the hospital);has already had one child removed from her care and given to her parents; has refused to give me address and contact information until giving me her phone number recently when she broke up with another boyfriend.
    She has very little visition with her older child.
    Can someone please guide me!
  2. #2
    mommamia1 is offline Junior Member
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    my step daughters mother is the same way. But as it was told to my husband mother doesn't have to utilize her visitation time; she just has the right to see her child. My step daughter is 9 now and my husband has been the primary residence since 12-02 and mother has only paid $3,000 and sum odd $ in cs because she can't keep a job, or because she has 2 other children to care for plus her husband with no job,and longest time lived somewhere was 6 months, mother has disappeared for 4 months and shortest time living somewhere was 3 weeks since my husband became primary residence. The hardest thing to do is prove her unfit. Your definition of unfit and the courts is completely diffrent.
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by pavolini74 View Post
    What is the name of your state (only U.S. law)? Santa Rosa County, FL

    The mother and I have a 50/50 Parental Responsibility agreement through mediation signed off on by the judge. My son is 16 months old, this occured in June, 2009. I paid $5,000 to my attorney and gave in to 50/50 even though I had him 90% of the time since he was 6month old And she stated she needed to keep him to get money back on her taxes. I couldn't afford the attorney fees, mediation etc anymore; she had to pay nothing. (Her visitation was suspended at final hearing in July 09 for refusing to take the parenting class ordered by the judge.) Since mediation she has kept him overnight one time and has seen him 3 times at her mother's home.
    I want to know when I can go back and request Sole Parental Responsibility per Florida law? 6 months?

    Highly unlikely before 12 months have passed unless there is an immediate risk to the child (which there isn't).


    Will he consider these or should I put these in the petition:
    Suspended drivers license; cannot keep a job (has had 4 in 6 months), is homeless again(moved 6 times w/i the year; very little visitation as stated above(did not attend or gift at birthday, did not go for his surgery at the hospital);has already had one child removed from her care and given to her parents; has refused to give me address and contact information until giving me her phone number recently when she broke up with another boyfriend.
    She has very little visition with her older child.
    Can someone please guide me!
    Could you please elaborate on the bolded parts?
  4. #4
    mommamia1 is offline Junior Member
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    On the parenting plan does it have that you must keep each other informed of address changes and phone numbers?
  5. #5
    pavolini74 is offline Junior Member
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    Quote Originally Posted by Proserpina View Post
    Highly unlikely before 12 months have passed unless there is an immediate risk to the child (which there isn't).



    Could you please elaborate on the bolded parts?
    Homeless..stays a week with her parents, fights, then a week with a friend, fights, on to another friend and on and on, no stable environment to even follow the 50/50 which is one week with mom, one week with me.
    The other child who is 5 was taken away at 3 by Child Protective Services because of drug and alcohol use by mom and boyfriend. She completed some of the case plan but because she did not complete all within the one year, the court gave her mother and stepfather permanent legal guardianship with mom getting visitation at their discretion.

    I have had CPS called in because at 4 months she was leaving him with a pot smoking sitter and she was doing drugs again. She refused to take the test which was her right according to CPS. None of this was before the judge the first time because we came to an agreement with mediation. Can the past be brought up with both children? My son is not in immediate danger only because her visitation is suspended and she is not taking him for the week.
  6. #6
    pavolini74 is offline Junior Member
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    Quote Originally Posted by mommamia1 View Post
    On the parenting plan does it have that you must keep each other informed of address changes and phone numbers?
    Yes, it does.
  7. #7
    pavolini74 is offline Junior Member
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    Quote Originally Posted by mommamia1 View Post
    my step daughters mother is the same way. But as it was told to my husband mother doesn't have to utilize her visitation time; she just has the right to see her child. My step daughter is 9 now and my husband has been the primary residence since 12-02 and mother has only paid $3,000 and sum odd $ in cs because she can't keep a job, or because she has 2 other children to care for plus her husband with no job,and longest time lived somewhere was 6 months, mother has disappeared for 4 months and shortest time living somewhere was 3 weeks since my husband became primary residence. The hardest thing to do is prove her unfit. Your definition of unfit and the courts is completely diffrent.
    I found out in the FL it is okay for a parent to do drugs as long as the child cannot reach the drugs..unbelievable. It does not matter if the parent is coming down off of drugs or high either until the child is hurt.
    I want her to be a part of his life but I recognize that it will be a few hours here and there because it is all she wants. I'm okay with that but I need to have Sole responsibility to keep him safe and make all the decisions about his welfare. Even though the state is going after her for child support and I desparately need it, I don't really care whether she pays or not as long as she is in his life at least a few hours a month. My biggest fear is that she will out of spite attempt to take him off for a week and he doesn't even know her.
  8. #8
    pavolini74 is offline Junior Member
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    Quote Originally Posted by mommamia1 View Post
    my step daughters mother is the same way. But as it was told to my husband mother doesn't have to utilize her visitation time; she just has the right to see her child. My step daughter is 9 now and my husband has been the primary residence since 12-02 and mother has only paid $3,000 and sum odd $ in cs because she can't keep a job, or because she has 2 other children to care for plus her husband with no job,and longest time lived somewhere was 6 months, mother has disappeared for 4 months and shortest time living somewhere was 3 weeks since my husband became primary residence. The hardest thing to do is prove her unfit. Your definition of unfit and the courts is completely diffrent.
    I can't prove her unfit unless he gets hurt while in her care and she is drunk or high, crazy. She loves him but doesn't want to be a mother, she has no morals, does not believe in working or education, ( I know what was I thinking? thought I could save her), has no patience. I don't want to take him completely away, I just want to be able to let her visit him when she is a normal state of mind ( she is bi polar, no meds) and the "normal" comes out about every 6- 8 weeks for a few days). By normal, I mean no ranting/raving, wanting to see her son

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