ninasaraphina
Junior Member
What is the name of your state? FLORIDA
Ok, I will make this as brief as possible...
I need to know what to expect when filing an exception to a general magistrate's recommendation to deny me and my 4-year-old son ( in addition to my fiance and our 8-month old)
to move out of state to VA which will be closer to my fiance's family and close to my extended family in Delaware.
The non-custodial parent and I were never married, but we established shared responsibility and set visitation. I went into the trial under the wrong impression.... see, the objection stated that he agreed this move would improve the child's life, however he did not believe I had family in VA or DELAWARE... but in his written objection he admitted that I did have family in Delaware. So I focused my case solely around his invalid and contradictory objection, instead of bringing to court factual documentation of the school system and financial opportunities. (which i have after the fact and hoping to present to the actual circuit judge at the exception hearing).
Well aside from that, I feel that the magistrate abused his discretion and did not evaluate all the factors that needed to be considered for this issue in Florida. He only took 3 minutes after the trial was over to make his decision... he did not even consider the proposed visitation schedule I proposed in order to continue a meaningful relationship between the child and his father... (which is also a factor that needs to be considered) Nor did he take into consideration the relationship between the child and his half-sibling (whom I share with my fiance who has been in the household for 2 years).
Also, He did not allow me to give a closing argument.
I NEED TO KNOW WHAT TO EXPECT AT AN EXCEPTION HEARING... THE PROCEDURES AND WHETHER OR NOT I CAN PRESENT ADDITIONAL EVIDENCE/DOCUMENTATIONS TO SUPPORT MY CASE
According to Florida Statute these are the following factors that need to be considered/evaluated when deciding on a relocation decision:
(a)nature, quality, extent of involvement with the parent proposing relocation with the child and the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the childs life.
DID NOT CONSIDER/EVALUATE
(b)the age and development stage of the child, the needs of the child, and the likely impact the relocation wil have on child's physical, educational, and emotional development
(c)The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as financial circumstances of the parties
DID NOT CONSIDER/EVALUATE IN DECISION/RECOMMENDATION (DESPITE ME TESTIFYING TO IT)
(d)Childs preference (TOO YOUNG)
(e) Whether the relocation will enhance the general quality of life for BOTH the parent seeking the relocation AND the child including, but not limited to, financial or emotional benefits or educational opportunites.
DID NOT CONSIDER/EVALUATE
(f) The reasons of each parent for seeking relocation
CONSIDERED
(g) Whether or not move will improve the economic circumstances of the parent seeking relocation.
CONSIDERED -- DID NOT HAVE FACTUAL DOCUMENTATION FOR EVIDENCE
(h)The the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his obligations to the parent seeking relocation (child support is in arrearage)
(i)The career opportunites available to parent seeking relocation
CONSIDERED-- NOT ENOUGH FACTUAL EVIDENCE
(j) History of substance or domestic abuse
NOT APPLICABLE
(K) Any other factors affecting the best interest of the child.What is the name of your state?
Ok, I will make this as brief as possible...
I need to know what to expect when filing an exception to a general magistrate's recommendation to deny me and my 4-year-old son ( in addition to my fiance and our 8-month old)
to move out of state to VA which will be closer to my fiance's family and close to my extended family in Delaware.
The non-custodial parent and I were never married, but we established shared responsibility and set visitation. I went into the trial under the wrong impression.... see, the objection stated that he agreed this move would improve the child's life, however he did not believe I had family in VA or DELAWARE... but in his written objection he admitted that I did have family in Delaware. So I focused my case solely around his invalid and contradictory objection, instead of bringing to court factual documentation of the school system and financial opportunities. (which i have after the fact and hoping to present to the actual circuit judge at the exception hearing).
Well aside from that, I feel that the magistrate abused his discretion and did not evaluate all the factors that needed to be considered for this issue in Florida. He only took 3 minutes after the trial was over to make his decision... he did not even consider the proposed visitation schedule I proposed in order to continue a meaningful relationship between the child and his father... (which is also a factor that needs to be considered) Nor did he take into consideration the relationship between the child and his half-sibling (whom I share with my fiance who has been in the household for 2 years).
Also, He did not allow me to give a closing argument.
I NEED TO KNOW WHAT TO EXPECT AT AN EXCEPTION HEARING... THE PROCEDURES AND WHETHER OR NOT I CAN PRESENT ADDITIONAL EVIDENCE/DOCUMENTATIONS TO SUPPORT MY CASE
According to Florida Statute these are the following factors that need to be considered/evaluated when deciding on a relocation decision:
(a)nature, quality, extent of involvement with the parent proposing relocation with the child and the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the childs life.
DID NOT CONSIDER/EVALUATE
(b)the age and development stage of the child, the needs of the child, and the likely impact the relocation wil have on child's physical, educational, and emotional development
(c)The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as financial circumstances of the parties
DID NOT CONSIDER/EVALUATE IN DECISION/RECOMMENDATION (DESPITE ME TESTIFYING TO IT)
(d)Childs preference (TOO YOUNG)
(e) Whether the relocation will enhance the general quality of life for BOTH the parent seeking the relocation AND the child including, but not limited to, financial or emotional benefits or educational opportunites.
DID NOT CONSIDER/EVALUATE
(f) The reasons of each parent for seeking relocation
CONSIDERED
(g) Whether or not move will improve the economic circumstances of the parent seeking relocation.
CONSIDERED -- DID NOT HAVE FACTUAL DOCUMENTATION FOR EVIDENCE
(h)The the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his obligations to the parent seeking relocation (child support is in arrearage)
(i)The career opportunites available to parent seeking relocation
CONSIDERED-- NOT ENOUGH FACTUAL EVIDENCE
(j) History of substance or domestic abuse
NOT APPLICABLE
(K) Any other factors affecting the best interest of the child.What is the name of your state?