Temporary Order vs. Permanent Modification

[All For Him]

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

Hello All,

Well, its been over a year now and our wonderful son still resides with me full time. To refresh, I went to court with an emergency order for change in Primary residence and support issues because his Mother had too often left her Grandparents with the child, disapearing, and they said I would have to take him. They have subsequently gone back and forth on their position regarding their Daughter (my ex), but told most of the truth in court, and I have my son on a temporary order. I still have to pay her some money for support, as the judge ruled that she was unable to provide for our son during her visitations. Oh, well. She does keep him signed up for state medical care- so I guess that makes it even.
Anyway, I wonder If I should be moving in court to try and make this a permanent modification of our custody settlement. As long as everything remains the same, I'm OK. But do I risk it counting against me in the future should she try to take him back, not having moved to make this permanent? He has been in my care longer than he has been in her care at this point. Does this mean I should not worry about her trying to take him back? Is it that as long as he would remain better off in his current household, the judge won't change his residence? I mean, doesn't she now have the burden of showing that the child is suffering from being under the current arrangement? Also, she has not exercised an overnight visitation since last Xmass Eve. She basically sees him only 1-2 hours per week. She does however have the advantage of not having to work, so he would be able to stay at home all day if in her care. As it is now, he attends daycare while I am at work (50hrs / week). I feel bad about this, but know that he is at a good school and has a good time.

Thank-you

 

[TinkerBelleLuvr]

How old is the child?

And I would be very careful about the medical insurance. If you have custody, she shouldn't be carrying the child based on your X.

have you documented when mom is with the child?

 

[LdiJ]

How old is the child?

And I would be very careful about the medical insurance. If you have custody, she shouldn't be carrying the child based on your X.

have you documented when mom is with the child?

I agree about the medical insurance. Its very possible that they are breaking the law on that.

 

[escape2paradise]

You might check and see how FL handles temporary orders after a long period of time. Here in WA, if a temporary parenting plan has not been followed up with a permanent plan and it has been a full year, with no trial date set, the temporary plan becomes a permanent plan. Not sure if FL has similary legislation dealing with this issue, but it would be worth the effort for you to find out.

 

[All For Him]

Our child is 2 1/2. I keep a journal of visits, etc... The Insurance is probably wrong. She told me that she told the state that I have him the majority of the time, and they said it was OK, but I'm not sure. Also, our court ordered mediated settlement states that she is to keep him on his current insurance as long as he is eligable. Again, he may not be. The thing is, she likes to take children to the doctor for every little thing, and it is her who insists on using state insurance, because she does not like my company's insurance. She does not want to pay even a small percentage of a copay. I have gone to our state and informed them of the current situation, and given them copies of all the orders. I don't know. I had him on my company's insurance for his first year, vut she went out and got state insurance anyway- so I wasted about $600.

I haven't heard of any law that changes temporary to permanent in Florida.

 

[All For Him]

My main concern is that I should be acting to change the temporary to permanent, but I worry about how difficult this would be should she fight it, the time it would take- as I have no time right now as it is.

 

[Bloopy]

My 2 cents

File for permanent orders.

You should put him on your insurance anyway. Her Medicaid would cover co pays.

 

[sometwo]

My grandparents only ever had temporary custody of me until I was 18. My stepson's little brother lived with sister n law and they had temporary for 6 years (no biorelation to this child) until they were awarded full custody finally by the judge.this was a long expensive court battle though because the mother of the child kept getting chance after chance by the court. I think we would have prefered to hold court off for years seeing as mom didnt have to pay for a lawyer and my sis n law did. Eventually the decision was over turned by a higher court and at 6 years old the child went to live with his biological father who entered the picture at 2 or 3. If you do go ahead with the permanent just be prepared to shell out some money. It could get pretty costly . The op could continue it for months and years . Or it could go the other way. You could get permanent custody right then and there. I think though , the longer the child is with you the better chance you have of them NOT changing custody back. They wouldnt want to "uproot" a child again unless there is some good clear evidence as to why it would be best for the child.

On the insurance thing. My stepson was on state insurance for a while and so was my daughter. They were under our household. We did not get it free at the time we had to pay for it but it was alot cheaper than regular insurance. My stepson's mother claimed him on it with her (she paid no child support , ever, and never provided anything for child, and never took him to dr) to get more benefits because she was getting the free benefits (has also claimed food stamps on little brother she didnt have custody of) and we didnt realize it until it was too late. Meaning after a couple visits with dr that we ended up shelling out the money for did we realize what she had done.

By the time it was over with (because they wouldnt let us get him back on) we paid close to a thousand in medical bills just for him because we were without insurance and couldnt afford it on our own at the time. I even contacted all of them about it . They finally set it up where if she tried to claim either child they called us to see if he still lived here. It was about a year or two later she tried to claim the child again (after she knew we had insurance on him through my husband's work) and they called us asking if he still lived here . It just amazes me how people try to defraud the government. Which is what she is doing. That's one of the reason the people who need the benefits cant get them. Thankfully we have only had to use state insurance, we've never needed food stamps, families first or any of that BUT there are people who do need and who work hard to try to make ends meet but cant get it . Yet people that continue to commit fraud end up getting all they want somehow

Anyway that could be a whole other post.

 

[TheGeekess]

<snip, snap, snup>

Anyway that could be a whole other post.

Another worthless drivel post/hijack brought to you by sometwo.

 

[Isis1]

Another worthless drivel post/hijack brought to you by sometwo.

there's putting your own example, and then there's "i'm going to focus the attention on me"