What is the name of your state? Florida
I will try to keep the back story short. Mother has sole custody as a result of our divorce over 10 years ago. This was because I was living in PA and she in FL. There was a stipulation that I was allowed to visit my son and speak to him on the phone/video chat. She did not allow this for 7 years, violating her own custody agreement. She filled in the divorce paperwork herself so knows what the deal was. Being as I was in PA I could not go to the courts in Ft. Lauderdale to get anything changed. There is more to it but that is the short version.
Fast forward to 2015 when she finally makes contact with me stating she can no longer handle him on her own. I come back to Florida and he moves in with me. Custody was never changed in the courts. My fault, prior to meeting my current girlfriend I honestly had no idea where to begin with anything legal related and it was never mentioned between my ex wife so it was never changed, and I didn't think it was an issue. Honest to God ignorance on my part here. I own up to it. And I could not afford an attorney. He lived with me for a year and had to move back with her due to unforeseen medical circumstances on my end.
Now it is 2018 and he is living with me again, this time due to domestic violence in his mothers home. There is an open case with Child Protective Services against her. She and her live in boyfriend have a physically violent relationship and she refuses to remove him from the household. My son is scared to live in that house and would like to stay with me going forward. I enrolled him in school here and he is a resident of the household I share with my girlfriend and her 2 sons. His mother wrote a letter stating she is "granting temporary guardianship" to me with a false excuse that my sons Grandfather passed away... totally leaving out the real reason of domestic abuse. She never put an expiration date on that letter.
She is now saying she wants him back for the summer, saying that his grandmother is "sick". This conveniently comes on the same day I went to court to modify child support and file for custody, which she found out about because child support called her. She doesn't really want him back, she just doesn't want the child support changed to where she would now owe me money. She is putting my son in the middle and making him feel guilty for not coming back. We all know that if he goes to her (she lives 3.5 hours away from us, not a quick trip) that he will not be coming back and will be stuck in that violent house again. I did speak to the CPS case worker and he said I have a very good leg to stand on considering the case is still open against her. But I am still worried she can enforce the original sole custody agreement and come take him away.
If anyone can shed some light on this situation it would be very appreciated. Can she just come take him from his home (where as she says it, he is just "visiting")? Where he is enrolled in school? School is over in 2 days, so technically he won't be in school until August so I'm worried that isn't enough to keep him here. He is 13, almost 14, is he old enough to legally say where he wants to live? It is in the best interest of the child to stay with me here in a a safe loving home. I'm hoping the judge sees that as well, but we all know how long the court process is. It could be months before it is official.
I'm very anxious and scared that she will come take him back to that house and won't let me see my son again. She is very manipulative and I wouldn't put anything past her. I will not do what she did and give zero contact, I told her that I will be happy to drive him to South Florida to visit his "sick" grandmother, his other family and her as well. But that's all, a visit and he comes home with me. Of course that isn't good enough for her. There is no reason he needs to spend overnights in that house right now.
Advice? Questions? Comments?
I will try to keep the back story short. Mother has sole custody as a result of our divorce over 10 years ago. This was because I was living in PA and she in FL. There was a stipulation that I was allowed to visit my son and speak to him on the phone/video chat. She did not allow this for 7 years, violating her own custody agreement. She filled in the divorce paperwork herself so knows what the deal was. Being as I was in PA I could not go to the courts in Ft. Lauderdale to get anything changed. There is more to it but that is the short version.
Fast forward to 2015 when she finally makes contact with me stating she can no longer handle him on her own. I come back to Florida and he moves in with me. Custody was never changed in the courts. My fault, prior to meeting my current girlfriend I honestly had no idea where to begin with anything legal related and it was never mentioned between my ex wife so it was never changed, and I didn't think it was an issue. Honest to God ignorance on my part here. I own up to it. And I could not afford an attorney. He lived with me for a year and had to move back with her due to unforeseen medical circumstances on my end.
Now it is 2018 and he is living with me again, this time due to domestic violence in his mothers home. There is an open case with Child Protective Services against her. She and her live in boyfriend have a physically violent relationship and she refuses to remove him from the household. My son is scared to live in that house and would like to stay with me going forward. I enrolled him in school here and he is a resident of the household I share with my girlfriend and her 2 sons. His mother wrote a letter stating she is "granting temporary guardianship" to me with a false excuse that my sons Grandfather passed away... totally leaving out the real reason of domestic abuse. She never put an expiration date on that letter.
She is now saying she wants him back for the summer, saying that his grandmother is "sick". This conveniently comes on the same day I went to court to modify child support and file for custody, which she found out about because child support called her. She doesn't really want him back, she just doesn't want the child support changed to where she would now owe me money. She is putting my son in the middle and making him feel guilty for not coming back. We all know that if he goes to her (she lives 3.5 hours away from us, not a quick trip) that he will not be coming back and will be stuck in that violent house again. I did speak to the CPS case worker and he said I have a very good leg to stand on considering the case is still open against her. But I am still worried she can enforce the original sole custody agreement and come take him away.
If anyone can shed some light on this situation it would be very appreciated. Can she just come take him from his home (where as she says it, he is just "visiting")? Where he is enrolled in school? School is over in 2 days, so technically he won't be in school until August so I'm worried that isn't enough to keep him here. He is 13, almost 14, is he old enough to legally say where he wants to live? It is in the best interest of the child to stay with me here in a a safe loving home. I'm hoping the judge sees that as well, but we all know how long the court process is. It could be months before it is official.
I'm very anxious and scared that she will come take him back to that house and won't let me see my son again. She is very manipulative and I wouldn't put anything past her. I will not do what she did and give zero contact, I told her that I will be happy to drive him to South Florida to visit his "sick" grandmother, his other family and her as well. But that's all, a visit and he comes home with me. Of course that isn't good enough for her. There is no reason he needs to spend overnights in that house right now.
Advice? Questions? Comments?
