Motion to Prevent Removal and bribes with CS from custodial

[pleaseassist]

So I just received an email from the mother saying she's planning on writing a document that states she is giving permission for her daughter to stay with the grandmother(and not me, her father, who has rights as a father), while she's in another state. She says this will "prevent me from threatening to take her"....

can she do this? she is saying her paralegal friend is drawing up the documents for her..

 

[Proserpina]

So I just received an email from the mother saying she's planning on writing a document that states she is giving permission for her daughter to stay with the grandmother(and not me, her father, who has rights as a father), while she's in another state. She says this will "prevent me from threatening to take her"....

can she do this? she is saying her paralegal friend is drawing up the documents for her..

Right.

You can't afford an attorney and you're really in need. So you really have only one option: LEARN.

Please search this site for a number of threads by "signspinner". He's a single Dad, whose girlfriend didn't even tell him about moving - and yes, paternity was established. He really did go home one day after work to find Mom and his daughter no longer there.

They all lived in Florida, and without notice Mom moved to WI.

So far she's disregarded the FL statutes, yeah? The matter should be heard in FL....right? That's true on both counts. He even filed (correctly) for an emergency order instructing Mom to return the child pending a custody hearing.

We're all in agreement that so far the law seems to be against Mom, yeah?

Well, this is what happened. It was 2010 when this started. Now? Now we're getting ready for fall 2014, Wisconsin has jurisdiction, and he has what is perhaps the most restricted parenting plan you can imagine (and as of now visitation is suspended pending a psych evaluation - I think this is #3).

He went so far as calling the GAL in his case at home, which led to the GAL getting a restraining order and removing himself from the case (!)..

Now I don't think you're that dense. But I do think that if you don't do this right, you're going to end up being a long distance parent with the child living wherever Mom lives.

So do yourself a favor before we go any further. READ. See what spinny did and how badly he mangled everything. I don't want to scare you (truly, I don't), but you're dancing along a very narrow tightrope.

(if anyone would like a quick recap of spinny's parenting plan, just let me know)

 

[pleaseassist]

I'm more worried now about this paper she is speaking of, can she sign her rights to the grandmother 'for now'?
Will she be essentially signing her parental rights away, is she screwing herself?
Should I sit back and watch the show?
Should I file the ER pickup before or after she leaves the state?
the child will not leave with out consent from the court the mother just said)

please be patient with me, this is not my line of work and I'm quite emotionally distraught.

 

[pleaseassist]

How could she possibly sign her custody away, and then go to court to ask for full custody?

I also would like to hear more about spinny's situation if possible

 

[TheGeekess]

How could she possibly sign her custody away, and then go to court to ask for full custody?

Because more than likely, she's not signing her custody away.

You need an attorney; beg or borrow the money.

 

[pleaseassist]

Because more than likely, she's not signing her custody away.

You need an attorney; beg or borrow the money.

Are you insinuating that its possible? or that its not possible?
Could you please please, (im begging here) try not to be cryptic?

 

[Proserpina]

I'm more worried now about this paper she is speaking of, can she sign her rights to the grandmother 'for now'?
Will she be essentially signing her parental rights away, is she screwing herself?

Stop listening to her. She can't confer anything without you being at least somewhat involved. Now that doesn't mean that she can't leave the child with grandma pending a custody hearing - because she can do that.

Should I sit back and watch the show?
Should I file the ER pickup before or after she leaves the state?

Just to clarify one thing - the hearing on Friday addresses ONLY your motion for 50/50 custody?

the child will not leave with out consent from the court the mother just said)

please be patient with me, this is not my line of work and I'm quite emotionally distraught.

Spinny's visitation was a few hours per week, supervised, in a play park somewhere close to Mom. And by "supervised" I mean "he cannot take the child out of earshot". He was not allowed to direct the conversation to the child's home life, her Mom or her stepfather. If the child needed to use the bathroom, the supervisor would take her. He will not rough-house with the child, or do anything which the supervisor considered possibly harmful. If the child got a boo-boo on her knee, the supervisor would take care of it. No photos, videocameras or phones would be allowed.

But the killer was this: The supervisor could, at ANY point, call Mom if Spinny did so much as cough in the wrong direction, and visitation would end - and there would be no make-up time.

Again, this is so unusual a parenting plan that while it does illustrate a point, you should not walk away tonight thinking this will happen.

 

[Proserpina]

And it's times like this I wish I'd remembered to do a bit of digging.

OP, you're the insulting one from down the street, aren't you?

http://www.expertlaw.com/forums/showthread.php?t=176349&p=820353&highlight=#post820353

 

[pleaseassist]

And it's times like this I wish I'd remembered to do a bit of digging.

OP, you're the insulting one from down the street, aren't you?

http://www.expertlaw.com/forums/showthread.php?t=176349&p=820353&highlight=#post820353

I literally have no idea what this means, down the street, why are people saying this phrase?

 

[CJane]

Mom currently lives with Grandma, yes?

So really, she's saying "hey, I get it. I won't take kiddo out of state til after a hearing. I'll leave her in her habitual home with her grandmother, and your visits will be honored".

That actually HELPS Mom.

Where is Mom planning to move to?

 

[pleaseassist]

Mom currently lives with Grandma, yes?

So really, she's saying "hey, I get it. I won't take kiddo out of state til after a hearing. I'll leave her in her habitual home with her grandmother, and your visits will be honored".

That actually HELPS Mom.

Where is Mom planning to move to?

In Fl its standard not to leave a child with a caregiver for more than i think it's 6 hours without offering the time to the other parent first.

CO - hence the marijuana shop her husband wants to open.

 

[pleaseassist]

In Fl its standard not to leave a child with a caregiver for more than i think it's 6 hours without offering the time to the other parent first.

CO - hence the marijuana shop her husband wants to open.

here is something someone posted in the other forum

"Quoting Glover v. Glover, 834 So.2d 927, 929 (Fla. 5th DCA 2003)
The mother filed a supplemental petition for modification of child custody, alleging a substantial change in circumstances which made it in the best interests of the children to grant her permanent custody. The mother alleged the father was verbally and physically abusive toward J.G.; the father was unable to prevent J.G. from running away; the father forced J.G. to provide primary care for her handicapped brother T.G.; J.G. wanted to live with her mother; J.G. was enrolled to attend a specialized musical training school in Jacksonville where her mother lives; and the father frequently leaves his home for extended periods of time without telling the mother or children where he is going, leaving the children in the custody of his girlfriend or a babysitter....

The court held that T.G. would remain in the temporary custody of his mother until a final determination of custody had been made.

The father first contends that the trial court's change in custody was in error because the mother failed to meet the burden of proving by competent substantial evidence that there was a substantial and material change in circumstances regarding T.G. and that T.G.'s best interest would be promoted by the temporary change in custody. We find the evidence on this issue to be sufficient; in particular, the evidence that the children's care is often left to others. The remaining claims of error do not warrant discussion."

 

[pleaseassist]

here is something someone posted in the other forum

"Quoting Glover v. Glover, 834 So.2d 927, 929 (Fla. 5th DCA 2003)
The mother filed a supplemental petition for modification of child custody, alleging a substantial change in circumstances which made it in the best interests of the children to grant her permanent custody. The mother alleged the father was verbally and physically abusive toward J.G.; the father was unable to prevent J.G. from running away; the father forced J.G. to provide primary care for her handicapped brother T.G.; J.G. wanted to live with her mother; J.G. was enrolled to attend a specialized musical training school in Jacksonville where her mother lives; and the father frequently leaves his home for extended periods of time without telling the mother or children where he is going, leaving the children in the custody of his girlfriend or a babysitter....

The court held that T.G. would remain in the temporary custody of his mother until a final determination of custody had been made.

The father first contends that the trial court's change in custody was in error because the mother failed to meet the burden of proving by competent substantial evidence that there was a substantial and material change in circumstances regarding T.G. and that T.G.'s best interest would be promoted by the temporary change in custody. We find the evidence on this issue to be sufficient; in particular, the evidence that the children's care is often left to others. The remaining claims of error do not warrant discussion."

my reply:

The mother is well known by family and her own friends ( who have complained to us 100's of times) that she's dropping my daughter off for days without telling when she's coming to pick her up. Most of the time friends parents have to drop her off back at the grandmas without ever hearing from her mother... Her grandma has called me complaining that she has no idea where the mother is and that she needs someone to take my daughter so she can leave the house. It turned into them just leaving her home alone instead or taking her to her friends house or aunts house. This I can prove with emails and messages between these said individuals...she has never once moved out, now she's trying to leave the state with my daughter even though she has never even had her own apt successfully or had a relationship over a year.

I deseprately want my daughter to see her mother more, I do NOT want to take my daughter from her more than half of the time( and i dont mean July-December, I want every other week). In FL the courts HATE designating sole custody and prefer shared custody, which is why I'm asking for it - along with the fact that she's telling my daughter I'm trying to take her from her, which I'm actually trying to force her to spend more time with my daughter, which is apparently only going to happen if they leave for another state entirely. Why does it have to be one or the other parent ? Why isn't my daughter entitled to a normal life with both?

 

[TheGeekess]

In Fl its standard not to leave a child with a caregiver for more than i think it's 6 hours without offering the time to the other parent first.

CO - hence the marijuana shop her husband wants to open.

That's not correct. But, do, carry on.

 

[Silverplum]

my reply:

The mother is well known by family and her own friends ( who have complained to us 100's of times) that she's dropping my daughter off for days without telling when she's coming to pick her up. Most of the time friends parents have to drop her off back at the grandmas without ever hearing from her mother... Her grandma has called me complaining that she has no idea where the mother is and that she needs someone to take my daughter so she can leave the house. It turned into them just leaving her home alone instead or taking her to her friends house or aunts house. This I can prove with emails and messages between these said individuals...she has never once moved out, now she's trying to leave the state with my daughter even though she has never even had her own apt successfully or had a relationship over a year.

I deseprately want my daughter to see her mother more, I do NOT want to take my daughter from her more than half of the time( and i dont mean July-December, I want every other week). In FL the courts HATE designating sole custody and prefer shared custody, which is why I'm asking for it - along with the fact that she's telling my daughter I'm trying to take her from her, which I'm actually trying to force her to spend more time with my daughter, which is apparently only going to happen if they leave for another state entirely. Why does it have to be one or the other parent ? Why isn't my daughter entitled to a normal life with both?

So, you're dropping the "I don't know" act now? (Post #54.)

At what point, ever, will you grasp that you took your sweet time (NINE YEARS!!) "getting ready" for your child, who was already born, already growing up, already needing food and housing and her parents?