GPV after stepparent adoption?

[rmet4nzkx]

Thanks.
I will admit that I forget that, for whatever reason, people will "leave out" important facts. I still don't understand why, since we're strangers here and it will invalidate any legal advice that can be given.

I will do better next time.

As can be seen in OP's other posts, she was looking for someone to blame rather than take responsibility for her own actions, in despiration the others become "evil".

 

[LdiJ]

Ldij,
Please refrain from telling OP how a court will or won't rule when we obviously have a distorted account of the facts. We simply have few little facts in evidence to advise, or to even know what is in the children's best interest. Aparently the FL courts have chosen to enforce the order, we cannot encourage posters to break the law to to defy lawful orders of the court. When are you going to learn that? Informing OP that they may have a limited time to appeal or referring them to an attorney is appropriate advice. Stating that you intend to give advice you know won't go over well here, shows that you already know the advice is inappropriate. Send them to your forum if you want to conspire with them, please don't do it here.

Rmet, I understand that you don't like me telling posters that they can disobey court orders....even when its a court order that a judge should not have made under that state's law.

However, the reality of the situation is that case law in FL is crystal clear on this issue. The judge made a ruling that is unenforceable under FL law. Had the OP appealed the decision it would have been overturned. The fact that the OP didn't appeal the order makes it no less unenforceable.

That is simply fact. The details of the case don't even matter, because according to the FL Supreme Court a judge can't make a best interests decision on this issue.

Florida is different than any other state in this country when it comes to gpv.

 

[LdiJ]

OK, here goes...

There was a visitation order for the paternal gpts around 4 or 5 yrs ago. I was the same one that they just got reinstated. Following hearings, etc. the judge ended up giving them custody of my son. I was later found, on appeal, that the judge 'abused his discretion' by doing so. My son lived with them for 18 months. We got custody back on the appeal 2 yrs ago September. They obviously had a mediation conference and a hearing after we moved to FL (we moved 4/04). The biodad has no contact with the child in over 3 yrs. His rights have not been terminated because we haven't tried because all of our money had gone to fight to get custody back. Now, we were never told we could not move out of state...and have been advised that the court cannot tell you where you can live in the US anyhow, so that's a non issue in my eyes. So, the FL court agreed to enforce the order because I couldn't find an atty that wasn't going to be at a continuing education conference in Orlando on the date of my hearing (Jan '05). So, I had an atty that I wanted to retain write up a Motion for Continuance and I submitted that and served it upon opposing counsel. I was advised that since I had only 19 days to retain counsel and this cont. ed. was going on, I would most likely be granted the continuance...well, we showed up at the hearing expecting to be granted the continuance..and instead was told that the petition for registration and enforcement was granted because I had not responded in time. (come to find out later, the hearing was scheduled before my time actually ran out)...well, then I retained an atty (not the one who steered me wrong) and we had another hearing in June. Well, since the judge and the opposing counsel couldn't remember what happened in Jan. and my new atty wasn't there at all, they all wanted a copy of the transcript to review....and then set another hearing date to determine if my due process rights had been violated...nothing since...except we also went back to PA and tried to get the order Quashed. We found out today that our Motion was denied. So, it seems our only choice is to keep fighting here or appeal there...but if my husband adopts my son, then they are all legal strangers, and this should all stop because gpv has caselaw stating it violates FL families privacy right...we are now a FL family...

Advice now???

Thanks to all...I understand there are people to who support gpv and those who oppose it, I happen to be against it due to the intrusion into the family and it's right to privacy...AND parents right (14th amendment) to care, custody and control over their children. I have never been declared unfit, and have gone through all the false allegations of abuse (sexual and physical,oh, and neglect allegations too...)with these gp, and I am hoping this nightmare will be over for us soon.

Ok, then obviously the case is not yet finished in Florida. Therefore you are not yet to the point where you have missed a deadline for appeal. Case law in FL is very clear on the issue of domesticating a gpv order from another state. It cannot be done. The other state's order is not enforceable in FL unless domesticated by FL, which in the end, shouldn't happen.

Send me a private message and I will hook you up with some resources for case law on this issue, although your FL attorney should be up to date on that since its such a "hot topic" in FL.

 

[rmet4nzkx]

Rmet, I understand that you don't like me telling posters that they can disobey court orders....even when its a court order that a judge should not have made under that state's law.

However, the reality of the situation is that case law in FL is crystal clear on this issue. The judge made a ruling that is unenforceable under FL law. Had the OP appealed the decision it would have been overturned. The fact that the OP didn't appeal the order makes it no less unenforceable.

That is simply fact. The details of the case don't even matter, because according to the FL Supreme Court a judge can't make a best interests decision on this issue.

Florida is different than any other state in this country when it comes to gpv.

Iy is still not your place to continually tell posters to defy court orders because you don't like or agree with them. OP removed her children from PA without the courts permission in the first place, a fact you have forgotten.

 

[LdiJ]

Iy is still not your place to continually tell posters to defy court orders because you don't like or agree with them. OP removed her children from PA without the courts permission in the first place, a fact you have forgotten.

She didn't need the court's permission. This wasn't a parent vs parent case. The PA court had no authority to either deny or grant her a relocation.
A judge in PA made a national "splash" by attempting to make orders regarding relocation in a parent vs grandparent case a couple of years back, and got in serious difficulty over it. As a result its pretty much guaranteed that no PA judge would attempt to rule on relocation in a grandparent vs parent case.

I am not telling this poster to defy a court order because I don't like it or agree with it. I was telling the poster that if a FL judge ruled to domesticate a foreign gpv order in FL that it wasn't enforceable....because it IS NOT.

Rmet, judges do sometimes make orders that aren't enforceable. Judges sometimes even make orders that are flat out illegal. Judges sometimes even admit (after the fact) that they have made orders that are illegal or unenforceable.

The Florida Supreme Court has weighed in on this one Rmet....more than once. You really should read some case law on the issue.

 

[nidawi]

I don't know where to start.
Your opinion or belief as to what is just or lawful does not justify your actions and ignoarnce is not a defense.

You are correct, a judge cannot tell you where you can move, but a judge can limit where a child moves when there are custody/visitaiton orders. Failure to notify and get permission of the courts to remove the child from the jurisdiction/state is parental child abduction which can in and of it's self make you an unfit parent. Just because you have been successful in interfering with the lawful custody and visitation orders of the court, doesn't entitle you to hide your child in another state and defy the courts. You will not be able to to have a step parent adoption in FL with the family court cases pending in PA. You need to make your appearances in PA and hire an attorney in PA, becuase they have jurisdiction. It is possible for the PA court to order you to return the children to PA.

Listen, I was under NO order when I left PA. There was nothing. Not with the gpts and not with the bio. So, therefore, I broke no law and am not being 'sanctioned' for leaving. They just reinstated the previous order and so there is nothing "pending". The decision has been made in PA. They aren't ordering me back to PA-they just want to come and see the kid here. There are no further hearings to go to in PA-so there are no appearances to be made...and I do have an atty there...she is the one who filed a Motion to Quash the PA order. Which was denied...that's why my question was asked. Now, the ball is back in FL's hands. But thanks for the not so kind words of antagonism.

 

[nidawi]

As can be seen in OP's other posts, she was looking for someone to blame rather than take responsibility for her own actions, in despiration the others become "evil".

No, I was not looking for others to blame. I know exactly what I did and it was well planned. I knew these things may come into play when I left. They are "EVIL" because they litigated against me under the pretense of lies of sexual and physical abuse that I allegedly inflicted upon my son. Not because of the crap they are pulling now...this is just a continuance of the lies and destruction they want to inflict upon my family.

 

[LdiJ]

No, I was not looking for others to blame. I know exactly what I did and it was well planned. I knew these things may come into play when I left. They are "EVIL" because they litigated against me under the pretense of lies of sexual and physical abuse that I allegedly inflicted upon my son. Not because of the crap they are pulling now...this is just a continuance of the lies and destruction they want to inflict upon my family.

Take a big deep breath....its ok. You are on an internet forum where many people have many different opinions.

Unfortunately not all grandparents are benevolent influences in their grandchildren's lives. Some people have a hard time acknowledging that.

 

[nidawi]

Thank you! You obviously have had some experience with this. I appreciate your kindness and any knowledge you may have to pass on regarding this topic.