Motion to Prevent Removal and bribes with CS from custodial

[pleaseassist]

What is the name of your state (only U.S. law)? FL

So the mother is attempting to move out of state next week with my daugther, even though visitation has been in place for over a year, and is currently pending for further change. I filed a motion to keep her here, what could happen if she leaves the daughter here with the grandmother instead of me, or if she does leave her with me? She seems to think that the court will grant her custody without her being here for the proceedings.

She's moving with her new husband who plans to start a marijuana shop in CO , they've been together 6 months, funny thing is she did this last year too with a different guy she didn't marry but failed when I retaliated. She claims to have some entry level job up there lined up, which she has lied about for the past 3 years regarding even having a job. It's almost like she's trying to lose the custody..

biggest question that I have though is: Will a motion to prevent her leaving the state with my daughter come by Friday if I filed it today?

one more side question, she's trying to bribe me to let me let her take my child by offering to give me the debit card her child support is deposited into...I would never agree to this and I see it as quite despicable and possibly illegal? Is it? She put it in writing too in email.

 

[TheGeekess]

What is the name of your state (only U.S. law)? FL

So the mother is attempting to move out of state next week with my daugther, even though visitation has been in place for over a year, and is currently pending for further change. I filed a motion to keep her here, what could happen if she leaves the daughter here with the grandmother instead of me, or if she does leave her with me? She seems to think that the court will grant her custody without her being here for the proceedings.

She's moving with her new husband who plans to start a marijuana shop in CO , they've been together 6 months, funny thing is she did this last year too with a different guy she didn't marry but failed when I retaliated. She claims to have some entry level job up there lined up, which she has lied about for the past 3 years regarding even having a job. It's almost like she's trying to lose the custody..

biggest question that I have though is: Will a motion to prevent her leaving the state with my daughter come by Friday if I filed it today?

one more side question, she's trying to bribe me to let me let her take my child by offering to give me the debit card her child support is deposited into...I would never agree to this and I see it as quite despicable and possibly illegal? Is it? She put it in writing too in email.

Short answer: No. You've left things a little late.

 

[pleaseassist]

Short answer: No. You've left things a little late.

I'm not sure what you mean by leaving things late?

 

[Proserpina]

I'm not sure what you mean by leaving things late?

The motion won't be heard by Friday.

What's your current time-share? What is Mom offering in terms of visitation?

 

[pleaseassist]

The motion won't be heard by Friday.

What's your current time-share? What is Mom offering in terms of visitation?

Every other weekend, but we take her extra whenever she's sick or something to do with her scool (teachers haven't met the mother for two grades now)

we live less than a mile from each other now and im currently asking for 50/50 or something close to it
she's now randomly saying shes going to move next week... there is nothing in that state that she cannot have here
she's offering summer vacation and holidays and she's offering to give me her debit card with the child support on it, "so you'll basically not be paying it" its gross

its a very odd offer that makes no sense and it seems like a pipe dream.

 

[Proserpina]

Every other weekend, but we take her extra whenever she's sick or something to do with her scool (teachers haven't met the mother for two grades now)

we live less than a mile from each other now and im currently asking for 50/50 or something close to it
she's now randomly saying shes going to move next week... there is nothing in that state that she cannot have here
she's offering summer vacation and holidays and she's offering to give me her debit card with the child support on it, "so you'll basically not be paying it" its gross

its a very odd offer that makes no sense and it seems like a pipe dream.

On what basis are you asking to modify the original to a 50/50 timeshare?

 

[pleaseassist]

On what basis are you asking to modify the original to a 50/50 timeshare?

The only reason I didn't ask for it to begin with was the distance and the fact that I could only afford a 1 bedroom, we lived 45 minutes away by highway and it was rough on gas. We moved really really close to her, in the same neighborhood, and we have a room for her(decorated, clothes, bed, dresser, desk, TV,art, dolls you name it, she loves this room), which she doesn't even have one of her own at her house. We have a higher education, college level math, and have the technology she needs for school, something else she doesn't get at her grandmas, and we're there for her with her homework on the weekends, but fails to turn in work during the week. She's also not been to a doctor in 3 years, and never visited a dentist, her mother didn't even have any health insurance for the past three years, since she lost her job with it. She is never involved in school, I have proved to her teachers that I am involved, and they have told me they have not met the mother to my face for two grades so far. Edit: she might even go so far as to tell a judge she doesn't live there, and that she actually lives with the grandmother alone and she just stayed with her BF/fiance/husband thing (never met him. too new.) which I know would be her telling the judge that the grandmother is the primary caregiver and not her, which is true, but at this point my daughter still sleeps with the grandmother instead of in her own room which is actually the mothers room.

Wont the judge care that she's trying to commit fraud with her child support?

 

[Proserpina]

The only reason I didn't ask for it to begin with was the distance and the fact that I could only afford a 1 bedroom, we lived 45 minutes away by highway and it was rough on gas. We moved really really close to her, in the same neighborhood, and we have a room for her(decorated, clothes, bed, dresser, desk, TV,art, dolls you name it, she loves this room), which she doesn't even have one of her own at her house. We have a higher education, college level math, and have the technology she needs for school, something else she doesn't get at her grandmas, and we're there for her with her homework on the weekends, but fails to turn in work during the week. She's also not been to a doctor in 3 years, and never visited a dentist, her mother didn't even have any health insurance for the past three years, since she lost her job with it. She is never involved in school, I have proved to her teachers that I am involved, and they have told me they have not met the mother to my face for two grades so far.

Wont the judge care that she's trying to commit fraud with her child support?

(Who exactly is "we"?)

If you think that a desk, art & dolls somehow make Mom a lesser parent, you are gravely mistaken. Dad's education = completely irrelevant. So basically what's the change of circumstances her in life?

Is there a reason Dad can't carry insurance for his child?

No, Mom isn't looking perfect here - but neither is Dad/girlfriend/dog-sitter, either.

 

[Proserpina]

The only reason I didn't ask for it to begin with was the distance and the fact that I could only afford a 1 bedroom, we lived 45 minutes away by highway and it was rough on gas. We moved really really close to her, in the same neighborhood, and we have a room for her(decorated, clothes, bed, dresser, desk, TV,art, dolls you name it, she loves this room), which she doesn't even have one of her own at her house. We have a higher education, college level math, and have the technology she needs for school, something else she doesn't get at her grandmas, and we're there for her with her homework on the weekends, but fails to turn in work during the week. She's also not been to a doctor in 3 years, and never visited a dentist, her mother didn't even have any health insurance for the past three years, since she lost her job with it. She is never involved in school, I have proved to her teachers that I am involved, and they have told me they have not met the mother to my face for two grades so far. Edit: she might even go so far as to tell a judge she doesn't live there, and that she actually lives with the grandmother alone and she just stayed with her BF/fiance/husband thing (never met him. too new.) which I know would be her telling the judge that the grandmother is the primary caregiver and not her, which is true, but at this point my daughter still sleeps with the grandmother instead of in her own room which is actually the mothers room.

Wont the judge care that she's trying to commit fraud with her child support?

And the reason Dad hasn't taken the child to a dentist is....?

And Dad is willing to actually make the child testify?

What has Dad done to make sure her homework is turned in on time?

 

[pleaseassist]

(Who exactly is "we"?)

If you think that a desk, art & dolls somehow make Mom a lesser parent, you are gravely mistaken. Dad's education = completely irrelevant. So basically what's the change of circumstances her in life?

Is there a reason Dad can't carry insurance for his child?

No, Mom isn't looking perfect here - but neither is Dad/girlfriend/dog-sitter, either.

Well lets not assume things, we means me and my wife. We moved closer, I had my child young so it took me a while to get the financial stability to move to this really nice area and afford a 2/2, all while my ex has only once tried to leave and she was gone all of 5 months before it failed. She has not applied for financial aid from anything, for school or for food or unemployment, when she clearly qualifies. Her mother takes care of her barely with retirement and my daughter. I know she's not perfect, and maybe I'm not for not getting a higher paying job fast enough at my age(?) but there is no reason she should be taking my daughter out of state, no one is getting a promotion, I've always been in my daughters life, the mother has gone longer without seeing our daughter than i ever ever have and ever will.

When CS was setup she had insurance for my daughter, I only just found out she hasn't had the gov't insurance for a few years now, and its sad because she didn't realize it either that it had expired because she's so absent. I thought she was doing a better job than this at least.

I am at this point worried about my daughter leaving the state next week, not really worried about the 50/50 right now. I can only imagine the time it would take to get the court to ask her to come back for the already in place court proceedings for more visitation/custody.

 

[pleaseassist]

And the reason Dad hasn't taken the child to a dentist is....?
Mom has sole custody and decision making according to the temporary parenting plan and has refused to give me her information for the insurance for a while, and claims I'm harassing her when I ask for it. I cannot afford a visit without insurance, but she can afford the visit with the insurance and lives across the street from a dentist.

And Dad is willing to actually make the child testify?
No one wants that. She is too young to know what is going on. Are you referring to something?

What has Dad done to make sure her homework is turned in on time?
I email her and message her as much as possible to remind her, again i said i do her homework with her that she brings over the weekends but I only see her every two weeks how am I supposed to make her do the homework if I'm not there? Almost everytime I call they cry harassment if its not for a "good reason" so I am forced to just message her on her phone through an app because they can't afford to keep the phone on for her

 

[Proserpina]

A timeline would be handy.

When did you file to modify? And why??

When did Mom tell you her intentions?

 

[pleaseassist]

A timeline would be handy.
I have been making a detailed time line since last year when she left the first time to go so far for so long

When did you file to modify? Last Nov. And why?? because I moved closer and finally have her own room for her. Because I can finally - after lots of hard work and dedication - afford it.

When did Mom tell you her intentions?
Saturday night. Three days ago.

 

[pleaseassist]

Where did everyone go?

 

[stealth2]

Where did everyone go?

They likely went to sleep and then to work. Most here have to support themselves somehow.

ETA And the comment about a timeline was that one HERE would help you get better responses.