Florida form for requesting venue in potential custoday case

[ajr]

What is the name of your state? Florida
My daughter has a 9 mth old baby, conceived out of wedlock. The paternity was established through a test at the time of the child support order. The biological father has had nothing to do with my daugther & granddaughter aside from conception. Now the child support order has been established (less than a month ago), the baby's father (who lives in Texas) has called a couple times inquiring about visitation/custody. We were told there is a form that we can file in our local county courts requesting any child custody/visitation cases shall be heard in our local county. The mother & baby reside with us in Citrus County, Florida. Can someone advise us what type of form this is and if we can file it on our own without hiring an attorney? We want to save our money for an attorney because we know we will eventually be going to court. Thank you.

 

[stealth2]

we know we will eventually be going to court. Thank you.

No, "we" actually won't.

 

[Ohiogal]

What is the name of your state? Florida
My daughter has a 9 mth old baby, conceived out of wedlock. The paternity was established through a test at the time of the child support order. The biological father has had nothing to do with my daugther & granddaughter aside from conception. Now the child support order has been established (less than a month ago), the baby's father (who lives in Texas) has called a couple times inquiring about visitation/custody. We were told there is a form that we can file in our local county courts requesting any child custody/visitation cases shall be heard in our local county. The mother & baby reside with us in Citrus County, Florida. Can someone advise us what type of form this is and if we can file it on our own without hiring an attorney? We want to save our money for an attorney because we know we will eventually be going to court. Thank you.

YOu have no dog in this fight. This is for your daughter to deal with her ex. He has a right to visitation and even joint custody. You have a right to nothing. If you intrude too much the courts may see this as a reason to award dad (NOT BIOLOGICAL FATHER -- he is the dad) far more visitation/custody than they would if you weren't interfering.
Your daughter was old enough to sleep with him, old enough to CHOOSE HIM to be a daddy to her child, now she has to be old enough to deal with him in her life for the next 18 years minimum. This child deserves a daddy.
You are just the grandparents and you need to back off.

 

[LdiJ]

What is the name of your state? Florida
My daughter has a 9 mth old baby, conceived out of wedlock. The paternity was established through a test at the time of the child support order. The biological father has had nothing to do with my daugther & granddaughter aside from conception. Now the child support order has been established (less than a month ago), the baby's father (who lives in Texas) has called a couple times inquiring about visitation/custody. We were told there is a form that we can file in our local county courts requesting any child custody/visitation cases shall be heard in our local county. The mother & baby reside with us in Citrus County, Florida. Can someone advise us what type of form this is and if we can file it on our own without hiring an attorney? We want to save our money for an attorney because we know we will eventually be going to court. Thank you.

The other answers you got were correct.

However, I will also tell you that jurisdiction will automatically be in the state and county that is the legal residence of the child. Therefore if the child is a legal resident of FL there is nothing that your daughter has to file in advance. Let dad do the filing. At least that way your daughter will know whether or not he is sincere.

 

[acmb05]

The other answers you got were correct.

However, I will also tell you that jurisdiction will automatically be in the state and county that is the legal residence of the child. Therefore if the child is a legal resident of FL there is nothing that your daughter has to file in advance. Let dad do the filing. At least that way your daughter will know whether or not he is sincere.

This is not necessarily the case. We do not know how long the child and mother have been in Florida, nor do we know what state the child support order is from. If they originally went to court in Texas then Texas retains jurisdiction unless they want to pass jurisdiction to Florida in which case the mother would have to petition for that.

 

[Noelle_71]

YOu have no dog in this fight. This is for your daughter to deal with her ex. He has a right to visitation and even joint custody. You have a right to nothing. If you intrude too much the courts may see this as a reason to award dad (NOT BIOLOGICAL FATHER -- he is the dad) far more visitation/custody than they would if you weren't interfering.
Your daughter was old enough to sleep with him, old enough to CHOOSE HIM to be a daddy to her child, now she has to be old enough to deal with him in her life for the next 18 years minimum. This child deserves a daddy.
You are just the grandparents and you need to back off.

Oh come on guys, it certainly sounds to me that "we" means "We want to support our daughter what needs to be done".
How many times I read these "legal advice" answers and it's as if the one who is answering only wants to pass judgement and make comments that are, not only unhelpful, but hurtful.
I have read and read here "as a stepmother, you have no say, as a grandparent you have no say, and it goes on and on.
The reality of most court situations is that judges DO listen to what these people have to say, during hearings/trials. I truly thought that - based on reading here over and over - that anyone other than the actual parents have nothing to do with what happens with the child. Boy did I have a wake up call at the courts. A whole suit was filed, naming the stepmother..get this..47 times in the space of 52 pages. The whole suit was based on the stepmother not having access to her stepchild (whom had spent approx. 30 days total time(intermittently) with over a two year period. The judge let it go through! (eventually it didn't fly, but it took a lot of money and time).
So - as you all know, the law says..but the reality is..
Please ease up on the grandparents at least, it certainly sounds to me like they are gathering info for their daughter and we have very little information to go on. Most families stick together and support each other throughout things like this, so yes, it is "we", if you read it in the spirit it is written. Moreover, the grandparents are probably supporting daughter, and will pay for her legal requirements. So other than emotional, they do have a vested interest. Give them a break. The question was simple and straightforward, stop passing judgement.
As I've been reminded over and over..it's Legal Advice...not "My feeling about you is that YOU are...you don't... Give people a break and try to remember that a lot of this is information gathering and leave it at that..sheesh..now I am open to the bashers that are going to come after me, but please do it in a new thread entitled "Noelle is too empathetic for her own good".

 

[ceara19]

Oh come on guys, it certainly sounds to me that "we" means "We want to support our daughter what needs to be done".
How many times I read these "legal advice" answers and it's as if the one who is answering only wants to pass judgement and make comments that are, not only unhelpful, but hurtful.
I have read and read here "as a stepmother, you have no say, as a grandparent you have no say, and it goes on and on.
The reality of most court situations is that judges DO listen to what these people have to say, during hearings/trials. I truly thought that - based on reading here over and over - that anyone other than the actual parents have nothing to do with what happens with the child. Boy did I have a wake up call at the courts. A whole suit was filed, naming the stepmother..get this..47 times in the space of 52 pages. The whole suit was based on the stepmother not having access to her stepchild (whom had spent approx. 30 days total time(intermittently) with over a two year period. The judge let it go through! (eventually it didn't fly, but it took a lot of money and time).
So - as you all know, the law says..but the reality is..
Please ease up on the grandparents at least, it certainly sounds to me like they are gathering info for their daughter and we have very little information to go on. Most families stick together and support each other throughout things like this, so yes, it is "we", if you read it in the spirit it is written. Moreover, the grandparents are probably supporting daughter, and will pay for her legal requirements. So other than emotional, they do have a vested interest. Give them a break. The question was simple and straightforward, stop passing judgement.
As I've been reminded over and over..it's Legal Advice...not "My feeling about you is that YOU are...you don't... Give people a break and try to remember that a lot of this is information gathering and leave it at that..sheesh..now I am open to the bashers that are going to come after me, but please do it in a new thread entitled "Noelle is too empathetic for her own good".

When grandparent start "we" this and "we" that, it is usually even worse than when a step parent does it. Not only are they invested in what happens to their grandchild, they want to protect THEIR own child. It's great that they are helping her out, but getting too overly involved is still a very bad idea.

 

[Rushia]

When grandparent start "we" this and "we" that, it is usually even worse than when a step parent does it. Not only are they invested in what happens to their grandchild, they want to protect THEIR own child. It's great that they are helping her out, but getting too overly involved is still a very bad idea.

Just to further this for Noelle's education....

I don't care what you saw in the courtroom. People can file any suit they want. Does it waste a lot of time and money....sure it does, but that their right to do it. I've heard and read on here about people losing custody, having less visitation because it's apparent to the judges that stepparents and gps don't keep their nose out of it and influence the parents decisions. Hell, look at my case. I was sued by my childrens grandfather and his wife. Under NY statues you must be an adoptive or bio relation to the child in order to sue for visits. This woman was listed all over the petition and had no right to sue in the first place.

 

[LdiJ]

This is not necessarily the case. We do not know how long the child and mother have been in Florida, nor do we know what state the child support order is from. If they originally went to court in Texas then Texas retains jurisdiction unless they want to pass jurisdiction to Florida in which case the mother would have to petition for that.

That why I said "if"

 

[acmb05]

That why I said "if"

I know you said "IF" however even "IF" the child is a legal resident of Florida it wont matter if the original order is from Texas.

 

[ajr]

Okay folks. Let me respond to all your replies. My daughter has been a resident of the State of Florida for 11 years. The biological fathermoved to Texas with his girlfriend last August before the child was born. The baby's mother & father never had a relationship aside for a short period of time when the child was conceived.

We care very much about our daughter and grandduaghter unlike our granddaughter's biological father who has not seen our daughter since the time of conception He has never met his daughter.

It amazes me when people interject their opinion without personal knowledge of the situation or people. I came on this site to get some legal advice. As far as the child's father, I consider him nothing more than a sperm doner. Anyone can be a father but it takes someone special to be a daddy. This young man has only contacted my daughter after the child support order was entered.

A final comment about grandparents ---- most children should be blessed to have grandparents who help out like we have. The poor children caught up in nasty legal custoday battles deserve a constant loving atmosphere that grandparents can offer. As the grandparents we obviously only want the very best for our daughter & granddaughter. And we certainly would never prevent the child's father from having a relationship with his daughter. Actually I had hoped that he would have stepped up in the beginning.

Once again, I came on this site for some legal advise. Thank you for your comments but we can handle the personal issues on our own.

 

[Rushia]

Okay folks. Let me respond to all your replies. My daughter has been a resident of the State of Florida for 11 years. The biological fathermoved to Texas with his girlfriend last August before the child was born. The baby's mother & father never had a relationship aside for a short period of time when the child was conceived.

We care very much about our daughter and grandduaghter unlike our granddaughter's biological father who has not seen our daughter since the time of conception He has never met his daughter.

It amazes me when people interject their opinion without personal knowledge of the situation or people. I came on this site to get some legal advice. As far as the child's father, I consider him nothing more than a sperm doner. Anyone can be a father but it takes someone special to be a daddy. This young man has only contacted my daughter after the child support order was entered.

A final comment about grandparents ---- most children should be blessed to have grandparents who help out like we have. The poor children caught up in nasty legal custoday battles deserve a constant loving atmosphere that grandparents can offer. As the grandparents we obviously only want the very best for our daughter & granddaughter. And we certainly would never prevent the child's father from having a relationship with his daughter. Actually I had hoped that he would have stepped up in the beginning.

Once again, I came on this site for some legal advise. Thank you for your comments but we can handle the personal issues on our own.

And with all due respect, should the father choose to take your daughter to court for visitation of his daughter there isn't anything that you can do about it. Your job should be to help your child and her child and leave the rest between the parents. You should NOT influence your daughters decisions in any way. Parents can and should offer a loving atmosphere and you have NO right to get in the middle of it. Tell your daughter to work with the father instead of against him. In the words of another poster (weenor/Ohiogal?) "Love your children more than you hate your ex." That'll provide a loving atmosphere.

 

[CandiceH]

In the words of another poster (weenor/Ohiogal?) "Love your children more than you hate your ex." That'll provide a loving atmosphere.

Whoever originally posted this, thank you. I am putting this up where I will see it every day and remember those words because it gets so hard NOT to hate more than we love but so important to LOVE more than we hate.

 

[JThomas]

I just wanted to wish you and daughter the best of luck. Your granddaughter is lucky to have you on her side.
I hope all goes well!
Good luck

 

[Ohiogal]

Okay folks. Let me respond to all your replies. My daughter has been a resident of the State of Florida for 11 years. The biological fathermoved to Texas with his girlfriend last August before the child was born. The baby's mother & father never had a relationship aside for a short period of time when the child was conceived.

With paternity established and child support ordered, unless there is a custody decree then the mother does not have to allow dad to see the child and dad has no law forcing him to see the child.

We care very much about our daughter and grandduaghter unlike our granddaughter's biological father who has not seen our daughter since the time of conception He has never met his daughter.

Again that is not a legal requirement for fatherhood.

It amazes me when people interject their opinion without personal knowledge of the situation or people. I came on this site to get some legal advice. As far as the child's father, I consider him nothing more than a sperm doner. Anyone can be a father but it takes someone special to be a daddy. This young man has only contacted my daughter after the child support order was entered.

You can consider him nothing more than that but the LAW will consider him the father if and when paternity is adjudicated. Your OPINION means NOTHING legally. He probably only became a LEGAL father with the child support order.

A final comment about grandparents ---- most children should be blessed to have grandparents who help out like we have. The poor children caught up in nasty legal custoday battles deserve a constant loving atmosphere that grandparents can offer. As the grandparents we obviously only want the very best for our daughter & granddaughter. And we certainly would never prevent the child's father from having a relationship with his daughter. Actually I had hoped that he would have stepped up in the beginning.

Once again, I came on this site for some legal advise. Thank you for your comments but we can handle the personal issues on our own.

You got legal advice from me. If he petitions he will receive visitation. It may start as supervised but it will move to unsupervised regardless of your personal opinion. As grandparents you have no legal rights or dog in this fight. Back off.