OK, here goes...
There was a visitation order for the paternal gpts around 4 or 5 yrs ago. I was the same one that they just got reinstated. Following hearings, etc. the judge ended up giving them custody of my son. I was later found, on appeal, that the judge 'abused his discretion' by doing so. My son lived with them for 18 months. We got custody back on the appeal 2 yrs ago September. They obviously had a mediation conference and a hearing after we moved to FL (we moved 4/04). The biodad has no contact with the child in over 3 yrs. His rights have not been terminated because we haven't tried because all of our money had gone to fight to get custody back. Now, we were never told we could not move out of state...and have been advised that the court cannot tell you where you can live in the US anyhow, so that's a non issue in my eyes. So, the FL court agreed to enforce the order because I couldn't find an atty that wasn't going to be at a continuing education conference in Orlando on the date of my hearing (Jan '05). So, I had an atty that I wanted to retain write up a Motion for Continuance and I submitted that and served it upon opposing counsel. I was advised that since I had only 19 days to retain counsel and this cont. ed. was going on, I would most likely be granted the continuance...well, we showed up at the hearing expecting to be granted the continuance..and instead was told that the petition for registration and enforcement was granted because I had not responded in time. (come to find out later, the hearing was scheduled before my time actually ran out)...well, then I retained an atty (not the one who steered me wrong) and we had another hearing in June. Well, since the judge and the opposing counsel couldn't remember what happened in Jan. and my new atty wasn't there at all, they all wanted a copy of the transcript to review....and then set another hearing date to determine if my due process rights had been violated...nothing since...except we also went back to PA and tried to get the order Quashed. We found out today that our Motion was denied. So, it seems our only choice is to keep fighting here or appeal there...but if my husband adopts my son, then they are all legal strangers, and this should all stop because gpv has caselaw stating it violates FL families privacy right...we are now a FL family...
Advice now???
Thanks to all...I understand there are people to who support gpv and those who oppose it, I happen to be against it due to the intrusion into the family and it's right to privacy...AND parents right (14th amendment) to care, custody and control over their children. I have never been declared unfit, and have gone through all the false allegations of abuse (sexual and physical,oh, and neglect allegations too...)with these gp, and I am hoping this nightmare will be over for us soon.