Supplimental petition

[Goldenmama]

What is the name of your state (only U.S. law)? Florida
My ex who lives in another country filed a supplimental petition after less than a year of mediated visitation agreement. The original agreement states,
Up to 2 weeks of daytime visits until age 8 in the US and a Skype every other weekend.
He claims that he overstayed his VISA and is permanently banned from returning to the US and is asking the courts to force me or another adult to hand deliver the child ( age 2) to him in Belgium every other Christmas and up to 2 months in the summer and pay half of her airfair and have daily skyps. Well it seems as if he may not have overstayed according to his I-94 form which means he filed under false pretenses (aka. Lies)
Can this petition be dismissed also, ex has previously filed false allegations to dcf and other such nonsense in the past.... I'm wondering if I have any possibility of getting legal custody because of this pattern of lies and harassment. Which I understand is difficult to do.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
My ex who lives in another country filed a supplimental petition after less than a year of mediated visitation agreement. The original agreement states,
Up to 2 weeks of daytime visits until age 8 in the US and a Skype every other weekend.
He claims that he overstayed his VISA and is permanently banned from returning to the US and is asking the courts to force me or another adult to hand deliver the child ( age 2) to him in Belgium every other Christmas and up to 2 months in the summer and pay half of her airfair and have daily skyps. Well it seems as if he may not have overstayed according to his I-94 form which means he filed under false pretenses (aka. Lies)
Can this petition be dismissed also, ex has previously filed false allegations to dcf and other such nonsense in the past.... I'm wondering if I have any possibility of getting legal custody because of this pattern of lies and harassment. Which I understand is difficult to do.

If he is truly banned from the US he may get something similar to what he is asking for, (every other Christmas and some time in the summer) but probably not as much summer time as he is asking for to start out with, and its not very likely that the judge would make you share the cost.

If you have valid reason to believe that he is lying about being banned, then ask the judge to require that he provide proof of the ban. Its interesting because if he is banned, he obviously won't be present for court.

 

[stealth2]

Do you believe he is banned for a reason other than what he told you, or that he is not actually banned?

 

[Goldenmama]

Supplemental petition

He said he is banned for overstaying but after looking at his I-94 form it seems as if he did not overstay. Also, he filed this as a direct respose to my filing to get child support. ( within a month) He hadn't been paying the minimum and he has never once had an overnight visit with the child in the last two years. By the way isn't lying in court docs some type of purgery and grounds for dismissal?

 

[stealth2]

He said he is banned for overstaying but after looking at his I-94 form it seems as if he did not overstay. Also, he filed this as a direct respose to my filing to get child support. ( within a month) He hadn't been paying the minimum and he has never once had an overnight visit with the child in the last two years. By the way isn't lying in court docs some type of purgery and grounds for dismissal?

I really don't think this is going to give you any traction.

 

[Goldenmama]

Now I am confused..... I thought there had to be some type of material change of circumstances in order to modify a visitation agreement very recently made. If he lied about being banned doesn't that mean that there has been no change? Therefore case can be dismissed.