A jail inmate requiring kids to go to jail???

[sandmansjupiter]

What is the name of your state? Florida
Here's the issues at hand:
Father..
Hasn't seen the two minor kids in 5 years
has been in jail for 5 years
never supported kids, did not live in household w/kids for more than 1 month at a time
got out last April and VOP'd in January 2007 now faces 1 more year
while out for a couple of months he worked and didn't pay child support
lost custody and and was ordered by judge to have "No Contact" with said children
is back in jail and has an immigration hold
I, the mother, petioned the court to legally change the kids last names to mine and
he responed by counterclaiming that the court obligate me to give the kids to his mother or sister on Saturdays so the kis se him in jail from 8am to 2pm and he wants weekends, holidays, and vacation time upon his release...

Does anyone think he has a chance here?
My nxt step is to respond to his responce and counter and I don't know where to begin any thoughts?

 

[Ohiogal]

there is a no contact order between him and the kids -- yeah I dont see that flying.

 

[sandmansjupiter]

Yes...there is a No Contact order...but now when he responded to the Name Change Petition he worded it like

"Respondents Motion to Dismiss Verified Supplemental Petition for Change of Names of minor Children, Respondants Answer and Counterclaim for Enforcement of Child Visitation Rights"

which to someone who knows it could be anything but to me I'm shaking in my shoes???

 

[LdiJ]

Yes...there is a No Contact order...but now when he responded to the Name Change Petition he worded it like

"Respondents Motion to Dismiss Verified Supplemental Petition for Change of Names of minor Children, Respondants Answer and Counterclaim for Enforcement of Child Visitation Rights"

which to someone who knows it could be anything but to me I'm shaking in my shoes???

Ohiogal already explained it to you. There is a no contact order for the children. There is virtually no chance that a judge would order jail visits for the kids when there is a no contact order in place....particularly when he hasn't seen the children in 5 years.

However, if you don't have an attorney you probably should get one.

 

[45Frank]

Not to rain on your parade here but. I sat in court and listened to a Judge order a single mom who seemed to be on the poor side from what was said ordered to send her 16 yr. son 500 miles to(OHIO) a town where her X-husband was in jail for either murder or attempted murder. She was to pay transportation, lodging with a local Social worker, meals and whatever else was needed. The women broke out in tears crying hysterically that she didn't have the money and couldn't do it. She was told do it or go to jail.
If you get a liberal enough Judge it may happen, get a lawyer. Yes the same Judge ordered me to send my children 750 miles every other weekend and every monday night for a 4 hour visit. I was to drive them 12 hours one way for a 4 hour visitation with their mother who hadn't seen them in a year and a half.
Good luck.

 

[Accountable]

Not to rain on your parade here but. I sat in court and listened to a Judge order a single mom who seemed to be on the poor side from what was said ordered to send her 16 yr. son 500 miles to(OHIO) a town where her X-husband was in jail for either murder or attempted murder. She was to pay transportation, lodging with a local Social worker, meals and whatever else was needed. The women broke out in tears crying hysterically that she didn't have the money and couldn't do it. She was told do it or go to jail.
If you get a liberal enough Judge it may happen, get a lawyer. Yes the same Judge ordered me to send my children 750 miles every other weekend and every monday night for a 4 hour visit. I was to drive them 12 hours one way for a 4 hour visitation with their mother who hadn't seen them in a year and a half.
Good luck.

That's outrageous!

 

[mommyof4]

The key point to all of this is that there is a NO CONTACT ORDER. It has already been ordered that the father have no contact with the children. I seriously doubt that being back in prison is going to be viewed as a positive change in circumstances, thus warranting rescinding the no contact order.

 

[BL]

Not to rain on your parade here but. I sat in court and listened to a Judge order a single mom who seemed to be on the poor side from what was said ordered to send her 16 yr. son 500 miles to(OHIO) a town where her X-husband was in jail for either murder or attempted murder. She was to pay transportation, lodging with a local Social worker, meals and whatever else was needed. The women broke out in tears crying hysterically that she didn't have the money and couldn't do it. She was told do it or go to jail.
If you get a liberal enough Judge it may happen, get a lawyer. Yes the same Judge ordered me to send my children 750 miles every other weekend and every monday night for a 4 hour visit. I was to drive them 12 hours one way for a 4 hour visitation with their mother who hadn't seen them in a year and a half.
Good luck.

And that should have been appealed .. I agree , it's outrageous .