Child given away...

[dadtn]

I live in TN and I found out recently that the maternal grandmother has custody of my child. Everything appeared normal (as normal as it gets with an irrational ex) when I would pick up my child for visitation other than she didn't want to come as often. I chalked this up to her age, 15, and figured she wants to hang with friends more now. To cut to the chase, I found out about all of this 9 months later. I have NEVER been late for child support and I have proof of this. The judge that granted this has been and still is advising the grandmother as to what to do, they are good friends. She and her family members I have spoken to confirmed this. Isn't this wrong? Can they just give away custody of my daughter without my knowledge or consent? Is the judge allowed to advise someone that is to appear before him? When I inquired about why I wasn't informed there was a problem with the mother so I could step in and take custody of my daughter the grandmother's response was, "The judge said I didn't have to tell you!"

Can I just go pick up my daughter and bring her to my home, enroll her in school here? I live 2 hours away from them. I am her father so this is acceptable right? She doesn't really want to come here since she is able to 'do as she pleases' while living there and she knows there will be rules here.

Thank you for your time.

 

[LdiJ]

I live in TN and I found out recently that the maternal grandmother has custody of my child. Everything appeared normal (as normal as it gets with an irrational ex) when I would pick up my child for visitation other than she didn't want to come as often. I chalked this up to her age, 15, and figured she wants to hang with friends more now. To cut to the chase, I found out about all of this 9 months later. I have NEVER been late for child support and I have proof of this. The judge that granted this has been and still is advising the grandmother as to what to do, they are good friends. She and her family members I have spoken to confirmed this. Isn't this wrong? Can they just give away custody of my daughter without my knowledge or consent? Is the judge allowed to advise someone that is to appear before him? When I inquired about why I wasn't informed there was a problem with the mother so I could step in and take custody of my daughter the grandmother's response was, "The judge said I didn't have to tell you!"

Can I just go pick up my daughter and bring her to my home, enroll her in school here? I live 2 hours away from them. I am her father so this is acceptable right? She doesn't really want to come here since she is able to 'do as she pleases' while living there and she knows there will be rules here.

Thank you for your time.

Actually, you may not be able to do that. You need to find out first whether or not there were any legal proceedings and whether or not grandma was granted custody....or even placement via CPS if it comes down to that.

Obviously, if she was, you are going to have to take it back to court to try to get it overturned.

Check it out ASAP. It will be on record in the local courthouse if grandma was granted anything. Or better yet, get yourself a local attorney to handle it.

Also, your daughter, I assume, is in high school, and it would probably be wiser to let her finish the current semester before moving her anyway. Hop on it so that if you need to do something legally you can get it done before school starts next year.

 

[acmb05]

I live in TN and I found out recently that the maternal grandmother has custody of my child. Everything appeared normal (as normal as it gets with an irrational ex) when I would pick up my child for visitation other than she didn't want to come as often. I chalked this up to her age, 15, and figured she wants to hang with friends more now. To cut to the chase, I found out about all of this 9 months later. I have NEVER been late for child support and I have proof of this. The judge that granted this has been and still is advising the grandmother as to what to do, they are good friends. She and her family members I have spoken to confirmed this. Isn't this wrong? Can they just give away custody of my daughter without my knowledge or consent? Is the judge allowed to advise someone that is to appear before him? When I inquired about why I wasn't informed there was a problem with the mother so I could step in and take custody of my daughter the grandmother's response was, "The judge said I didn't have to tell you!"

Can I just go pick up my daughter and bring her to my home, enroll her in school here? I live 2 hours away from them. I am her father so this is acceptable right? She doesn't really want to come here since she is able to 'do as she pleases' while living there and she knows there will be rules here.

Thank you for your time.

I would think this would be very wrong. But then again I am not a lawyer. Isn't this Ex-Parte communication?

 

[LdiJ]

I would think this would be very wrong. But then again I am not a lawyer. Isn't this Ex-Parte communication?

If the judge in question is the judge who handled the case, then yes, its improper if its taking place outside of the courtroon.

However, if the judge in question is a family friend who did NOT handle the case, then its just legal advice.

 

[acmb05]

If the judge in question is the judge who handled the case, then yes, its improper if its taking place outside of the courtroon.

However, if the judge in question is a family friend who did NOT handle the case, then its just legal advice.

Well he did say the judge that granted it is the one giving advice also.

 

[LdiJ]

Well he did say the judge that granted it is the one giving advice also.

Yes, I realize that. However I am not sure that he knows that for sure. I think its possible that he is making assumptions....or believing grandma when he shouldn't believe grandma, which is why I think he needs to verify whether or not any court actions actually took place.

 

[dadtn]

No assumptions on my end. I'm not sure how I could prove anything wrong is taking place anyhow though. Therefore i won't be dwelling too much on that aspect. I just wanted to state their relationship and her claims for background information.

I just received a letter from Child Support Services stating that I am required to be in court soon. It's a motion to include child support. In this letter it states that custody was given to the grandmother and child support was not addressed. Now they want that too. For what it's worth, hopefully in defense of my character, as soon as I found out the grandmother had custody I started sending the child support to her instead of the mother. So I'm really not sure why she would be doing this unless it somehow further cements the custody judgment.

 

[dadtn]

Should I tell the judge I want custody when I go to court for the child support or do I need to file right away to reverse the other judgment? I will certainly allow her to finish this school year out at her current school. Isn't this a rather outrageous case? The judicial system appears to be a failure to me. Custody should not have been decided without my knowledge and consent.

The upcoming court appearance is before the same judge mentioned before. Is there some way to get this changed? Can I ask for an extension for more time to prepare? Can I file a petition for custody without an attorney?

Thank you for your time.

 

[triviafreakdad]

The 2006 Florida Statutes

Title XLIII
DOMESTIC RELATIONS Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY View Entire Chapter

751.03 Petition for temporary custody; contents.--Each petition for temporary custody of a minor child must be verified by the petitioner and must contain statements, to the best of petitioner's knowledge and belief, showing:

(1) The name, date of birth, and current address of the child;

(2) The names and current addresses of the child's parents;

(3) The names and current addresses of the persons with whom the child has lived during the past 5 years;

(4) The places where the child has lived during the past 5 years;

(5) Information concerning any custody proceeding in this or any other state with respect to the child;

(6) The residence and post office address of the petitioner;

(7) The petitioner's relationship to the child;

(8) The consent of the child's parents, or the specific acts or omissions of the parents which demonstrate that the parents have abused, abandoned, or neglected the child as defined in chapter 39;

(9) Any temporary or permanent orders for child support, the court entering the order, and the case number;

(10) Any temporary or permanent order for protection entered on behalf of or against either parent, the petitioner, or the child; the court entering the order; and the case number;

(11) That it is in the best interest of the child for the petitioner to have custody of the child; and

(12) A statement of the period of time the petitioner is requesting temporary custody, including a statement of the reasons supporting that request.

Only an extended family member may file a petition under this chapter

 

[triviafreakdad]

The 2006 Florida Statutes

Title XLIII
DOMESTIC RELATIONS Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY View Entire Chapter

751.02 Determination of temporary custody proceedings; jurisdiction.--The following individuals may bring proceedings in the circuit court to determine the temporary custody of a minor child:

(1) Any extended family member who has the signed, notarized consent of the child's legal parents; or

(2) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living


2006 Florida Statutes

Title XLIII
DOMESTIC RELATIONS Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY View Entire Chapter

751.04 Notice and opportunity to be heard.--Before a decree is made under ss. 751.01-751.05, reasonable notice and opportunity to be heard must be given to the parents of the minor child by service of process, either personal or constructive


The 2006 Florida Statutes

Title XLIII
DOMESTIC RELATIONS Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY View Entire Chapter

751.05 Order granting temporary custody.--

(1) At the hearing on the petition for temporary custody, the court must hear the evidence concerning a minor child's need for care by the petitioner, all other matters required to be set forth in the petition, and the objections or other testimony of the child's parents, if present.

(2) Unless the minor child's parents object, the court shall award the temporary custody of the child to the petitioner when it is in the best interest of the child to do so.

(3) If one of the minor child's parents objects to the granting of temporary custody to the petitioner, the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child's parent or parents are unfit to provide the care and control of the child. In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in chapter 39.

(4) The order granting temporary custody of the minor child to the petitioner may also grant visitation rights to the child's parent or parents, if it is in the best interest of the child to do so.

(5)(a) The order granting temporary custody of the minor child to the petitioner may not include an order for the support of the child unless the parent has received personal or substituted service of process, the petition requests an order for the support of the child, and there is evidence of the parent's ability to pay the support ordered.

(b) The order granting temporary custody may redirect all or part of an existing child support obligation to be paid to the extended family member who is granted temporary custody of the child. If the court redirects an existing child support obligation, the order granting temporary custody must include, if possible, the determination of arrearages owed to the obligee and the person awarded temporary custody and must order payment of the arrearages. The clerk of the circuit court in which the temporary custody order is entered shall transmit a certified copy thereof to the court originally entering the child support order. The temporary custody order shall be recorded and filed in the original action in which child support was determined and become a part thereof. A copy of the temporary custody order shall be filed with the depository that serves as the official recordkeeper for support payments due under the support order. The depository shall maintain separate accounts and separate account numbers for individual obligees.

(6) At any time, either or both of the child's parents may petition the court to modify or terminate the order granting temporary custody. The court shall terminate the order upon a finding that the parent is a fit parent, or by consent of the parties. The court may modify an order granting temporary custody if the parties consent or if modification is in the best interest of the child