Relocation with Children

[Servicefun]

What is the name of your state (only U.S. law)? Florida

hi,

I am raising my child since he is 9 Month old. My Wife at this time left our son at home alone. (9 Month old) At this time she got injunction against me, but she called me and left me a message on my cell phone to go home and watch our son. I called the cops and there found our son in his baby grip. The Felony charges against my wife were dropped and I have no idea, why. After the juvenile case has started, she was bringing positive test of cocaine. She has not finished her treatment of drugs abuse. After 1 1/2 year, there are closed the case in juvenile court, because my wife has not comply with the court. She missed so many Court dates and I like to start my Divorce. I started my divorce, what was final last month.She got supervised visitation for 10 hours and 30 minutes phone conversation per week with our son. I filed intent to relocate before my Divorce was final, because it was taking over 4 month to get a final Judgment. And I have to move back to Germany. I filed the right form for relocation, required by the law in Florida. She got served on the July 15 this year. Only was she was filling was a hand written letter. It not saying much and the most of it is a lie. She did not provide an address in her letter and did not sign it. She has not served me legally. The problem is she is moving about all 3 month. She provides only her phone number if someone has question. It says only response to intent to relocate. Regarding to the Florida law, it has to say motion or objection. Or do I see this wrong? It show in my case as a Correspondence.

In my relocation says: AN OBJECTION TO THE PROPPOSED RELOCATION MUST BE MAD IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF NOTICE OF THIS INTENT TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF NOTICE OF THIS INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECTION TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED WITHOUT FURTHER NOTICE AND WITHOUT A HEARING, UNLESS IS NOT IN THE BEST INTERESTS OF THE CHILD.

Can I move now, she has not filed Motion or Objection?

She got arrested on July 25th 2009 for LOITERING OR PROWLING in a bad area. The police report says there were narcotics presents at this time.

Mom has no Attorney at all. She had not made any arrangement in supervise visitation Center. She is not paying child support.

I spend so much money for my divorce and attorneys. Now immigration want that's I leave the country. I can't work anymore here. I almost broke, and I try to make it by myself.

Leaving our son with her will be not in our son best interests?!

My son will be 3 in October

I live in Southwest Florida

 

[Ohiogal]

Do you have SOLE custody? DO you have permission to remove the child from the country? Does the child have a passport?

 

[Servicefun]

Dependency Case Judgment of October 2008

Court finds that the mother, ZZZZZZ ZZZZZZ, has failed to complete case plan services. The Court finds that unsupervised Visitation with the mother would not be in the child's best interest and that the child would be subjected to harm. The Court finds that pursuant to 39.521(3)(b)(1), the best interest of the child will be served by placing the child in the sole custody of the father, XXXXX XXXXXX, and giving the mother, ZZZZZZ ZZZZZZ, supervised visits, terminating supervision and relinquishing jurisdiction of this case. The Court further finds that if the parties wish to modify the terms of visitation or custody, they shall file an action in the domestic relations case, XXXXX XXXXXX v. ZZZZZZ ZZZZZZZ, 08-DR-*******, Lee County, Florida

Divorce Case Judgment of July 2009

The parties shall have shared parental responsibility of the child of their marriage listed hereafter: ----------------------------------
The Husband shall be the primary residential parent, and the wife shall have supervised visitation as set forth in the Magistrate’s Report and Recommended Final judgment of Dissolution of Marriage

Divorce Case Magistrate’s Report of February 2009

The court finds the child’s best interests will be served by the parents sharing parental responsibility for their child and the husband being the primary residential parent. The court further finds the child’s best interests will be served by the Wife having supervised visitation pending further order of court. The last order in the dependency case provides for an appropriate adult agreed to by the parties to supervised visitation. The Court adopts that provision and incorporates herein. The Court also finds the use of an visitation center to be appropriate if the parties are unable to agree on an appropriate, willing adult to supervise the Wife’s visitation. If the parties use a visitation center, the parties shall be equally responsible for any reasonable costs associated therewith

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It not saying anythings about relocation in my Case.

Yes I do have passport of this child

 

[TinkerBelleLuvr]

Is the child just a US citizen? Or does the child have dual citizenship?

Which country is home for you?

 

[Servicefun]

The child has both. American because he is born in USA. German because I am German.


What is the different of Response and Motion or Objection?

If she did not sign it, would be this legal in court?

 

[TinkerBelleLuvr]

Did you come to the US on a valid VISA? Why is Homeland Security wanting you to leave?

Germany is a party to the Hague Service Convention, which is good in your case. That means that Germany would recognize a US court's order.


Question of the day:
As a custodial parent, you have the duty to faciliate a relationship between the child and the NCP; in this case, that is the mother.

How do you propose to do that if you are in Europe?

This question is NOT asked faceously. That is a question a judge would ask when they look at the "best interest" of the child.

 

[Servicefun]

I married my wife witch is a American. Trough this i became my Green Card. I was separated at this time when my green card was going to expire. When I called my Immigration Attorney, he told me that's i have to wait until my divorce is final. Now i found out that was not the true. Immigration wants a sponsor or that I have to show of income to support myself. I do not have this and there don't want to extend my green card. I also got a few Job offer in Germany, the economy is better there then here. In my area were I living right now is the top of unemployment.

Is there nobody to answer my question.

My Ex-wife filed response to my intent to relocation with children w/o sign it instead Objection or Motion.

will this be legal? Because the 30 days to answer is gone!

 

[TinkerBelleLuvr]

What did her response say? Did she give valid reason to deny the relocation? What were her reasons?

Don't care if it was done "properly" or not - what did her response say?

 

[Servicefun]

response to notice of intent to relocate with child

It is in my sons best interest that he stays in the USA Florida or Indiana with mother and family. Regarding my son being relocated to Germany with XXXXXX. My husband received citizen ship through our marriage, which now this month is a divorce. My son is a U.S. Citizen, was born here on my health insurance united health care when i worked for Dr. P Bourgan. There is no reason for my child financial or otherwise to be taken across the world, without mother ( myself). My Ex-Husband lives in a house owned by his father. He is financially secure. My son does not go with out anything between my self and XXXXX. My intensive family, six sister and 3 brothers are all in a 10 min area of each. including my 17 year old daughter who would love to be raising with her little brother, my son Noah 2 1/2. There are all love then willing to open there home, or of homes to love + helps support us. I just cant take Noah out of Fl cause of court order. IF XXXX cant survive in this country and is deported or wishes to leave, then Noah should be with his mother, antes and uncles. There are willing to come to court to support this matter or send certified documents to support this matter any question please call cell XXX-XXX-XXXX



1. there is no signature
2. No adress
3. response not objection
4. Her daughter is pregnant, and she is living with step dad who got custody since 2003. I got a statement where she refused to live with her mom.
5. her Family is not coming down or provide ant documents. there are believe that's our son has to stay with me.
6. she is not paying child support.
7. she has not made arregment to see our son
8. she got arrested in a bad area. Drugs was present at this time
9. she has not finised her treatment
10. she was gone for many time for few month in a year.
11. She has not send me a copy of her response!!!!
12 the house is not owned by my Father!

Regarding of Florida Law Relocation

(5) Content of Objection to relocation
An objection seeking to prevent the relocation of a child must be verified and served within 30 days after service of the notice of Intent to Relocate. The objection must include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objection party currently has or has had in the life of the child.


Then for what we need a Attorney if the court will accept this? Then I can go and file something in court and later I say yes I filed a Objection but I wrote respond . Is all the same who care?!

Is there not attorney who can give me real advice?

 

[Servicefun]

I ask myself why I spend 100 of dollars to locate her. Certified the copy in court and get her hand served. When it doesn't matter if it is probably done right?

 

[Ohiogal]

Dependency Case Judgment of October 2008

Court finds that the mother, ZZZZZZ ZZZZZZ, has failed to complete case plan services. The Court finds that unsupervised Visitation with the mother would not be in the child's best interest and that the child would be subjected to harm. The Court finds that pursuant to 39.521(3)(b)(1), the best interest of the child will be served by placing the child in the sole custody of the father, XXXXX XXXXXX, and giving the mother, ZZZZZZ ZZZZZZ, supervised visits, terminating supervision and relinquishing jurisdiction of this case. The Court further finds that if the parties wish to modify the terms of visitation or custody, they shall file an action in the domestic relations case, XXXXX XXXXXX v. ZZZZZZ ZZZZZZZ, 08-DR-*******, Lee County, Florida

Divorce Case Judgment of July 2009

The parties shall have shared parental responsibility of the child of their marriage listed hereafter: ----------------------------------
The Husband shall be the primary residential parent, and the wife shall have supervised visitation as set forth in the Magistrate’s Report and Recommended Final judgment of Dissolution of Marriage

Divorce Case Magistrate’s Report of February 2009

The court finds the child’s best interests will be served by the parents sharing parental responsibility for their child and the husband being the primary residential parent. The court further finds the child’s best interests will be served by the Wife having supervised visitation pending further order of court. The last order in the dependency case provides for an appropriate adult agreed to by the parties to supervised visitation. The Court adopts that provision and incorporates herein. The Court also finds the use of an visitation center to be appropriate if the parties are unable to agree on an appropriate, willing adult to supervise the Wife’s visitation. If the parties use a visitation center, the parties shall be equally responsible for any reasonable costs associated therewith

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It not saying anythings about relocation in my Case.

Yes I do have passport of this child

You have shared parenting by the latest order. Hence you cannot move without out of country without either mom's or the court's permission. HOWEVER she has given permission if she did not object. Her letter may count as an objection and I would file for permission to move with the child in order to CYA.

 

[Ohiogal]

response to notice of intent to relocate with child

It is in my sons best interest that he stays in the USA Florida or Indiana with mother and family. Regarding my son being relocated to Germany with XXXXXX. My husband received citizen ship through our marriage, which now this month is a divorce. My son is a U.S. Citizen, was born here on my health insurance united health care when i worked for Dr. P Bourgan. There is no reason for my child financial or otherwise to be taken across the world, without mother ( myself). My Ex-Husband lives in a house owned by his father. He is financially secure. My son does not go with out anything between my self and XXXXX. My intensive family, six sister and 3 brothers are all in a 10 min area of each. including my 17 year old daughter who would love to be raising with her little brother, my son Noah 2 1/2. There are all love then willing to open there home, or of homes to love + helps support us. I just cant take Noah out of Fl cause of court order. IF XXXX cant survive in this country and is deported or wishes to leave, then Noah should be with his mother, antes and uncles. There are willing to come to court to support this matter or send certified documents to support this matter any question please call cell XXX-XXX-XXXX



1. there is no signature
2. No adress
3. response not objection
4. Her daughter is pregnant, and she is living with step dad who got custody since 2003. I got a statement where she refused to live with her mom.
5. her Family is not coming down or provide ant documents. there are believe that's our son has to stay with me.
6. she is not paying child support.
7. she has not made arregment to see our son
8. she got arrested in a bad area. Drugs was present at this time
9. she has not finised her treatment
10. she was gone for many time for few month in a year.
11. She has not send me a copy of her response!!!!
12 the house is not owned by my Father!

Regarding of Florida Law Relocation

(5) Content of Objection to relocation
An objection seeking to prevent the relocation of a child must be verified and served within 30 days after service of the notice of Intent to Relocate. The objection must include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objection party currently has or has had in the life of the child.


Then for what we need a Attorney if the court will accept this? Then I can go and file something in court and later I say yes I filed a Objection but I wrote respond . Is all the same who care?!

Is there not attorney who can give me real advice?

That is an objection. She didn't serve it properly but it is still an objection. She gave basis supporting the reasons of seeking a prohibition. You need to get a court order to move with your son.

 

[LdiJ]

That is an objection. She didn't serve it properly but it is still an objection. She gave basis supporting the reasons of seeking a prohibition. You need to get a court order to move with your son.

And a court order for a passport as well, if he doesn't already have one.

 

[Servicefun]

If you don't sign something then it is not legally?! When you buy a car you have to sign the title, or there will it not accept it. It happen to me when i bought my first car. She was gone so many times. (4 Month the longest) Then she has to support me that's i can live her. It says also in my Immigration paper. Support of spouse also after divorce. She is always working in some bars, some is telling me she prostitute. She chocked her daughter, because she found a cell phone hiding in teddy bear. Everyone in her family believe she has bi-polar. So there court will leave my son with her? I forgot I have a injunction against her, because she busted the window of our son room. Middle in the night.

I will keep now the court busy. I will file everything I will find. Because I have to leave may in 2 weeks. My time is over here. And I not leaving my son with her.


7/3/2008 Civil Cover Sheet
7/3/2008 Summons (20 day) Issued XXXXX, XXXXXX (Served 07/15/2008)
7/3/2008 Uniform Child Custody Affidavit
7/3/2008 Standing Family Law Interrogatories
7/3/2008 Notice of Social Security Number (Secured)
7/3/2008 Vital Statistics Form
7/3/2008 Notice of Service of Interrogatories
7/3/2008 Standing Temporary DR Order w/Children
7/3/2008 Petition
8/5/2008 Answer
8/5/2008 Notice of Social Security Number (Secured)
8/5/2008 Standing Family Law Interrogatories
8/5/2008 Notice of Current Address
8/5/2008 Uniform Child Custody Affidavit
8/5/2008 Financial Affidavit
8/27/2008 Motion for Order
8/27/2008 Motion for Temporary Relief
11/21/2008 Standing Order for Case Status Conference
12/19/2008 Copy of Florida Drivers License
12/19/2008 Case Management Conference Reports
12/29/2008 Notice of Filing
12/29/2008 Financial Affidavit
1/6/2009 Report of Case Manager
1/6/2009 Order to Show Cause
1/8/2009 Order Appointing and Directing Mediation
1/8/2009 Notice of Mediation 1-15-09 at 1:30pm
1/8/2009 Notice of Mediation Fee
1/23/2009 Mediator Report
1/23/2009 Mediation Coordinator Report
1/27/2009 Returned Mail
1/30/2009 Notice of Non-Jury Trial, Copy to Judge and Mediation
2/10/2009 Civil Affidavit/Application for Indigent Status
2/19/2009 Order of Referral to General Magistrate
2/20/2009 Civil Affidavit/Application for Indigent Status
2/23/2009 Certificate of Compliance with Mandatory Disclosure
2/23/2009 Notice of Limitation of Services Provided
2/23/2009 Report & Recommendation of General Magistrate
2/24/2009 Notice Setting Trial Notice Of Non Jury Trial Date Assig. 3-26-09 9:00 A.M.
3/3/2009 Returned Mail
3/4/2009 Returned Mail
3/4/2009 Returned Mail
3/4/2009 Certificate of Service
3/4/2009 Certificate of Service
3/5/2009 Notice of Current Address
3/9/2009 Order Adopting Report & Recommendations
3/11/2009 Compliance Conference Checklist
3/11/2009 Certificate of Completion of Parenting Program
3/25/2009 Certificate of Compliance with Mandatory Disclosure
3/25/2009 Certificate of Completion of Parenting Program
3/25/2009 Notice of Filing
3/26/2009 Minutes
3/26/2009 Exhibit List
3/26/2009 Returned Mail
3/27/2009 Certificate of Service
4/2/2009 Correspondence
4/6/2009 Returned Mail
4/8/2009 Copy of Correspondence
4/15/2009 Certificate of Service
4/15/2009 Returned Mail
4/27/2009 Report and Recommended Final Judgment
7/9/2009 Notice of Intent to relocate with child
7/17/2009 Returned Served
7/20/2009 Final Judgment
7/22/2009 DOM Report to Bureau of Vital Statistics Mailed
7/31/2009 Final Judgment
8/4/2009 Correspondence <--- Thats her letter the only one were she has filed in our divorce.

So what shut I do next? Can I file for emergency hearing?

{{Her letter may count as an objection and I would file for permission to move with the child in order to CYA.}}

What dose this mean CYA?

 

[Ohiogal]

To cover yourself. You have a passport but you still need permission for your son to move out of the country. You could also possibly go to immigration and state that she is NOT supporting you but she promised to (the affidavit if she signed one) and have THEM go after her.