if custody isnt set yet

[ILOVEMYGSM3]

What is the name of your state? california

on the back of the front page on my divorce papers, it says that neither parent can remove the minor child(ren) from any state w/o express written consent of BOTH parents...the CA court says that even though our custody will take place in fl, untill the custody is filed(and it wont be untill aug or sept), that that restraining order still applies...so if my wife brings my son out here for a week in july(she will not let me see him then), what are my options, as she will not have had my permission to do this, and also that she "thinks" she is moving to ohio in august(again, before custody is filed, and before divorce is done)...what are my legal options???

if she DOES bring the child here in july w/o my permission, and DOES let me see him, can i file an exparte, as she violated the restraining order? or how exactly does that work??? and can i use her "threat" as she calls it herslef, of running to ohio, in my ex parte application?

ps-i'm using my roomies sign-on, so please, pay no mind to the user name lol...

 

[LdiJ]

What is the name of your state? california

on the back of the front page on my divorce papers, it says that neither parent can remove the minor child(ren) from any state w/o express written consent of BOTH parents...the CA court says that even though our custody will take place in fl, untill the custody is filed(and it wont be untill aug or sept), that that restraining order still applies...so if my wife brings my son out here for a week in july(she will not let me see him then), what are my options, as she will not have had my permission to do this, and also that she "thinks" she is moving to ohio in august(again, before custody is filed, and before divorce is done)...what are my legal options???

if she DOES bring the child here in july w/o my permission, and DOES let me see him, can i file an exparte, as she violated the restraining order? or how exactly does that work??? and can i use her "threat" as she calls it herslef, of running to ohio, in my ex parte application?

ps-i'm using my roomies sign-on, so please, pay no mind to the user name lol...

How can it say that the parents can't remove the child from ANY state? What is the exact wording? I also don't see how a CA restraining order could apply to your child if custody will be decided by FL. Apparently the CA courts have decided that they don't have jurisdiction over the child.

Also, I think that a judge might look at things askance if you got to see your child and then filed for contempt against her for making the trip with him in the first place....assuming that the restraining order can somehow still apply.

I also doubt that FL would force mom to remain with the child in FL, if you live in CA.

In other words....I think that you may be trying to control issues that are outside of your control. What does your attorney say to all of this?

 

[ILOVEMYGSM3]

no atty in picture

ok at this very moment, NO STATE has jurisdiction. i have filed our divorce, but she has to file custody in FL...however, she refuses to file unless i agree(beforehand, in writing)to $800 a month, and only see him when it's ok with her. To my knowledge, i cannot file for custody there w/o a lawyer, as i don't exactly have the leave saved or the money for that. and i don't have the money to file custody anywhere at the moment, and neither does she...CA court says that since there is currently NO jurisdiction on the child, then the restraining order is still intact...

another question? if i gave power of atty to someone in FL, could they do the filing for me, as long as i am the 1 who signs and appears in court for everything...?

plus, untill she files paperwork of any kind, then FL has no say over anything, i've already called the courthouse where she lives, and where i resided before i transfered to CA...and they are the 1's who confirmed that...

about her coming to CA:what i meant was, if i know she is here, and does not let me see him, can i file the exparte?(i think i worded that wrong earlier, sorry for the confusion)