joint custody or just visitation?

Hello I'm writing to get some info about my daughter. My ex wife and I were divorced april of 99 but I filed in Arkansas of which she never resided(due to the fact that I'm in the military)the court could not issue visitation or support for my daughter because the state does not have jurisdiction. I begged for the court to issue support till I can travel to Oklahoma (where they resided)and file for visitation, they did.
My problem is this,I just recieved word that my ex-wife and daughter have move to Florida and I had plans to go fight for visitation the end of this month. About two months ago a lawyer told me that I had six months from whatever time she left to petition her to court,and if she did not show I will be granted visitation. What I would like to know is if this happened and I was granted the visitation I'd prefer,being that she is some where else can she make it difficult for me to use my visitation? Also how much harder and if at all possible would it be to get joint custody? By the way my ex-wife did not want to agree to visitation other than supervised and told my daughter she could not come with me till she is 15 or 16 to visit. I am no threat to my daughter and I have proof written by her mother and by my own daughter of how much my daughter loves me.
Thank you for any advice you can give and have a great day.

Your attorney is correct of course. FL can assume jurisdiction after the child has been there for 6 months providing the move is not temporary. This is why OK would be the best move on your part. If you start action in FL then she can claim FL does not have jurisdiction or that her move is temporary. Then you have to start all over again.

File for full visitation in OK. She will have to defend the action or lose by default, in which case you get everything you have asked for. Then, if she does not agree or ignores the request, you have a FL attorney file the new court orders into the FL county court where she resides and petition for an order or show cause.. basically contempt of a court order. Depending on FL law, they will either order to enforce a foreign agreement, or take jurisdiction and order her anyway.

What was the original court ordered visitation ? and why do you not have joint custody ?

Generally you can only get custody changed if there has been a change in circumstances. I am curious, did she ask permission before she moved or get a permission from a judge ? A move can be seen as a significant change in circumstances and give you the reason to file for a change in custody. Because she has moved, you can also ask the courts to make her pay for part of the travel expenses associated with visitation.

Visitation when the CP has moved away should also be fewer, but longer during. i.e., The whole of spring break each odd years, 4 weeks every summer and 1 week at Christmas. If your ex is also purposely brainwashing the child against you, then this can be a huge part in your favour in regards to legal action.

My first step though, would be to retain an attorney and write her a letter. Explain that unless she agrees to full unsupervised visitation, that you will be filing for a change of custody and also full travel expenses due to her moving without permission. Also state that if she continues to bad mouth you in front of the child, that further action will be taken. All you are really after is full visitation, a change in custody from sole to joint really means nothing if the ex is not cooperating. So give her a proposal, full visitation outside of legal action, or full legal action where you will go for visitation, change of custody (not physical), legal costs and travel expenses. That may be enough to get her to agree rather than fight a case she will have a hard time winning. If she agrees, act quickly and ensure the agreement is drawn up by an attorney and filed ASAP!.

Of course.. if she has a reason why she wants supervised visitation, like abuse or neglect, then that is a completely different story…. You state you are no threat to your daughter, but, have you ever been a threat to your ex ?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
[b]Your attorney is correct of course. FL can assume jurisdiction after the child has been there for 6 months providing the move is not temporary. This is why OK would be the best move on your part. If you start action in FL then she can claim FL does not have jurisdiction or that her move is temporary. Then you have to start all over again.

File for full visitation in OK. She will have to defend the action or lose by default, in which case you get everything you have asked for. Then, if she does not agree or ignores the request, you have a FL attorney file the new court orders into the FL county court where she resides and petition for an order or show cause.. basically contempt of a court order. Depending on FL law, they will either order to enforce a foreign agreement, or take jurisdiction and order her anyway.

What was the original court ordered visitation ? and why do you not have joint custody ?

Generally you can only get custody changed if there has been a change in circumstances. I am curious, did she ask permission before she moved or get a permission from a judge ? A move can be seen as a significant change in circumstances and give you the reason to file for a change in custody. Because she has moved, you can also ask the courts to make her pay for part of the travel expenses associated with visitation.

Visitation when the CP has moved away should also be fewer, but longer during. i.e., The whole of spring break each odd years, 4 weeks every summer and 1 week at Christmas. If your ex is also purposely brainwashing the child against you, then this can be a huge part in your favour in regards to legal action.

My first step though, would be to retain an attorney and write her a letter. Explain that unless she agrees to full unsupervised visitation, that you will be filing for a change of custody and also full travel expenses due to her moving without permission. Also state that if she continues to bad mouth you in front of the child, that further action will be taken. All you are really after is full visitation, a change in custody from sole to joint really means nothing if the ex is not cooperating. So give her a proposal, full visitation outside of legal action, or full legal action where you will go for visitation, change of custody (not physical), legal costs and travel expenses. That may be enough to get her to agree rather than fight a case she will have a hard time winning. If she agrees, act quickly and ensure the agreement is drawn up by an attorney and filed ASAP!.

Of course.. if she has a reason why she wants supervised visitation, like abuse or neglect, then that is a completely different story…. You state you are no threat to your daughter, but, have you ever been a threat to your ex ? [/b]<HR></BLOCKQUOTE>

What is change of custody? And why would I have to hire a lawyer in FL I don't really understand the purpose. I don't have very much money to travel and hire that quickly.
Also you asked if I was a threat to my ex-wife, no i never did anything wrong to her however she has the demeanor to say things like such but there is no proof I ever did anything wrong and there is no police record or anything of that sort.

I'm not sure if you read or recieved what i wrote in reply but I'll try this way also.
What is change of custody?And why would I need to hire an attorney in FL I don't understand the purpose? I don't have very much money to travel and hire that quickly.
Also you asked if I was a threat to my ex-wife,the answer is no I have never been any harm to her however she has the demeanor to say anything possible. But there is no proof of me hurting or threatening her,no police records or anything of the sort.