Keeping child from Father!

[FFuries]

What is the name of your state....Florida

My son is in the Marines and stationed in South Carolina, he has a daughter with his ex-girlfriend, he pays child support (has no arrears). The ex GF has made it known that she wants him out of his daughters life. She has married since then and her husband is in the Navy (he's going through training in South Carolina) and she has moved up there to be with him. She thinks that the courts are going to allow her husband to adopt her daughter.

She made accusations to the local law enforcement here in Florida prior to moving and they laughed her out of the office (no evidence). She made the accusations to my sons command staff, in order to appease her, they did up a Military Protection Order (he can't contact her or see his daughter without a third party family member persent or command authority present). Then she goes around stating that he has made no attempt to contact his daughter or spend any time with her.

My son is trying to get the money together to go to court to get visitation etc,and has requested Mast through the military to have the MPO rescinded.
Child support is ordered by the state of Florida, the mother and daughter reside in South Carolina with her husband. Her husband is hoping to get and overseas assignment.

Can she move out of state with the child without informing the courts? Can she move overseas with the child without informing the courts? Which state would he file for visitation in Florida or South Carolina? Are his hands tied until there is court ordered visitations? He is the father, he's on the birth certificate, is in complience with court orders with his child support (kind of hard not be when you are in the military), and has provided his daughter with medical through the military.

Not asking anyone to look into a crystal ball, just trying to get some information to help him.

Mike
USAF Retired

 

[sometwo]

Ok the first thing that stood out to me is your son is stationed away from Florida, not in the same state as his daughter yet he wants to deny mother the right to move with child?


Has custody ever been decided? Has he ever went to court for custody visitation? If not why not?

How old is the child?

And why is dad not posting his own questions?

 

[FFuries]

Ok the first thing that stood out to me is your son is stationed away from Florida, not in the same state as his daughter yet he wants to deny mother the right to move with child?**************.Dad is not denying her right to move, mother has already moved with child.

Has custody ever been decided? Has he ever went to court for custody visitation? If not why not?**************.No not yet, he talked to a lawyer here in Florida, the last time he was home on leave, cost to retain a lawyer and file for visitation etc is $4000.00 plus, young military members are not rich.

How old is the child?**************.She will be 4 in November.

And why is dad not posting his own questions?**************.Dad (my son) is currently in the field, prior to leaving for the field we talked about this. Told him I'd find out some information for him. Told him I would send him the link to this forum, and that way he could ask more specfic questions.

Mike
USAF Retired

 

[sometwo]

How old is the child?**************.She will be 4 in November.

The child is 4. He has had plenty of time file for visitation etc. Until then he has no rights. Until he gets off his butt and files a case he won't have any rights.

That's the FIRST thing he needs to do.

ETA: How long as mom and daughter lived in South Carolina?

 

[FFuries]

They moved up there around the begining of May.

There was a verbal agreement between the two allowing him to see his daughter pretty much when ever he wanted to within reason. This is one reason, stupid as it may be, that he didn't go to court for visitation before. This was working until January 2010, when she asked him again to allow her husband to adopt, he said no, end of discussion!

Since then she has withheld her from him, he saw her for the fist time since Christmas this past week-end, due to the fact we had her for the week-end. Prior to this he was a big part of his daughter's life.

She feels that if he doesn't see her, the courts will allow her husband to adpot. Her words not mine!

Mike
USAF Retired

 

[sometwo]

Wait for seniors but I believe he needs to file in Florida.

He needs to stop making excuses now and file or its his own fault. He has no rights as of now and mom doesn't need his permission for anything.

 

[Artemis_ofthe_Hunt]

Wait for seniors but I believe he needs to file in Florida.

He needs to stop making excuses now and file or its his own fault. He has no rights as of now and mom doesn't need his permission for anything.

Oh contraire mon 'cher... even without visitation order, she still does need his permission for step-dad to adopt...

True, as of this point, mom and child have not established residency in SC, but if he waits much longer, they can establish there and he would have to file for visitation there. Also true, Dad needs to stop making excuses and file. FL does have some awesome DIY packets. See link:

Court Programs


Good luck to Dad, and even though I normally don't help non-parties, Thank You for your son's service and sacrifice for this country.

 

[sometwo]

Oh contraire mon 'cher... even without visitation order, she still does need his permission for step-dad to adopt...

True, as of this point, mom and child have not established residency in SC, but if he waits much longer, they can establish there and he would have to file for visitation there. Also true, Dad needs to stop making excuses and file. FL does have some awesome DIY packets. See link:

Court Programs


Good luck to Dad, and even though I normally don't help non-parties, Thank You for your son's service and sacrifice for this country.

I forgot about that part. Should have clarified. I was meaning moving and things like that. Your right adoption is another issue and that she would have a problem with up and doing.

 

[CourtClerk]

Oh contraire mon 'cher... even without visitation order, she still does need his permission for step-dad to adopt...

Mom may need his permission to adopt, but mom doesn't need his permission to move, NOR is she withholding the child from anyone.

There's no order for visitation, she's under no obligation to let him visit. Period. End of story.

However, tell your son I also thank him for his service.