Violation of Parenting Plan/Parental Responsibility FL..How do i report a violation?

[jorgebarrios]

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

I have a final judgment for paternity and parenting plan in Broward County Florida. For the past six months my son's mother has been making decisions regarding my son's aftercare/summer camp without consulting me, also on numerous occasions she has not given me the right of first refusal when she goes out to party and leaves my son with his underage sisters overnight. Daycare/summer camp cost is factored into my child support payments but for this entire summer his mother did not enroll him in summer camp, she chose to leave him all summer in the care of his 15 and 17 year old sisters. Recently she made a decision, without consulting me to not enroll him in aftercare and instead have him walk home from school 2 to 3 days a week. I would say this is a clear violation of the parenting plan and the parental responsibility. To make things worst, she lives in a two bedroom apartment, her boyfriend moved in about 8 months ago, since then my son has been sleeping on the sofa. The mother is also 8 months pregnant which will now make a total of 6 people living in a two bedroom apartment. I'm in the process of submitting a petition to modify parental responsibility based on the changes of his living conditions. I spoke to a lawyer today and she said I could file a "Motion for violation of parental responsibility" to get a hearing(if I'm lucky an emergency hearing) to prevent her from withdrawing him from aftercare and having him walk home from school. The problem is I can't find such a form. Does anyone know what form(s) I need to file or what steps I need to take in order to prevent my eight year son from walking home along from school? Thanks in advance.

 

[stealth2]

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

I have a final judgment for paternity and parenting plan in Broward County Florida. For the past six months my son's mother has been making decisions regarding my son's aftercare/summer camp without consulting me, also on numerous occasions she has not given me the right of first refusal when she goes out to party and leaves my son with his underage sisters overnight. Daycare/summer camp cost is factored into my child support payments but for this entire summer his mother did not enroll him in summer camp, she chose to leave him all summer in the care of his 15 and 17 year old sisters. Recently she made a decision, without consulting me to not enroll him in aftercare and instead have him walk home from school 2 to 3 days a week. I would say this is a clear violation of the parenting plan and the parental responsibility. To make things worst, she lives in a two bedroom apartment, her boyfriend moved in about 8 months ago, since then my son has been sleeping on the sofa. The mother is also 8 months pregnant which will now make a total of 6 people living in a two bedroom apartment. I'm in the process of submitting a petition to modify parental responsibility based on the changes of his living conditions. I spoke to a lawyer today and she said I could file a "Motion for violation of parental responsibility" to get a hearing(if I'm lucky an emergency hearing) to prevent her from withdrawing him from aftercare and having him walk home from school. The problem is I can't find such a form. Does anyone know what form(s) I need to file or what steps I need to take in order to prevent my eight year son from walking home along from school? Thanks in advance.

Since we don't know what your order states in terms of legal custody, ROFR or anything else, we really can't tell you what steps may pr may not be appropriate.

I CAN tell you that many 8yos walk home from school w/o a parent or "chaperone" and leaving him with his 15& 17yo siblings at night is unlikely to raise many eyebrows. Again - we can't tell you if it violats your ROFR orders. But in and of itself, it's not an issue.

 

[Proserpina]

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

I have a final judgment for paternity and parenting plan in Broward County Florida. For the past six months my son's mother has been making decisions regarding my son's aftercare/summer camp without consulting me, also on numerous occasions she has not given me the right of first refusal when she goes out to party and leaves my son with his underage sisters overnight. Daycare/summer camp cost is factored into my child support payments but for this entire summer his mother did not enroll him in summer camp, she chose to leave him all summer in the care of his 15 and 17 year old sisters. Recently she made a decision, without consulting me to not enroll him in aftercare and instead have him walk home from school 2 to 3 days a week. I would say this is a clear violation of the parenting plan and the parental responsibility. To make things worst, she lives in a two bedroom apartment, her boyfriend moved in about 8 months ago, since then my son has been sleeping on the sofa. The mother is also 8 months pregnant which will now make a total of 6 people living in a two bedroom apartment. I'm in the process of submitting a petition to modify parental responsibility based on the changes of his living conditions. I spoke to a lawyer today and she said I could file a "Motion for violation of parental responsibility" to get a hearing(if I'm lucky an emergency hearing) to prevent her from withdrawing him from aftercare and having him walk home from school. The problem is I can't find such a form. Does anyone know what form(s) I need to file or what steps I need to take in order to prevent my eight year son from walking home along from school? Thanks in advance.

He stays with his teenage sisters once in awhile? The court won't care.

Walking home? Depends. My two grandsons (9 & 7) walk home from school more often than not.

The living arrangements? My parents raised all 6 of us in a two-bedroom place. Well...three room if you count the living room.

I think you need to maybe go through some of the posts here to see what is and is not going to matter. Obviously there's no "master list" - but you can at least get a general idea.

 

[jorgebarrios]

Since we don't know what your order states in terms of legal custody, ROFR or anything else, we really can't tell you what steps may pr may not be appropriate.

I CAN tell you that many 8yos walk home from school w/o a parent or "chaperone" and leaving him with his 15& 17yo siblings at night is unlikely to raise many eyebrows. Again - we can't tell you if it violats your ROFR orders. But in and of itself, it's not an issue.

The parenting plan states: a. Shared Parental Responsibility - Both parents shall confer so that major decisions affecting the welfare of the child shall be determined jointly. Major decisions include, but are not limited to, decisions about the children's education, healthcare, religion and the general upbringing of the child. The parents agree to afford the right to first refusal to the other parent before the child is left with a non parental sitter other than siblings or parental uncle.

 

[Proserpina]

The parenting plan states: a. Shared Parental Responsibility - Both parents shall confer so that major decisions affecting the welfare of the child shall be determined jointly. Major decisions include, but are not limited to, decisions about the children's education, healthcare, religion and the general upbringing of the child. The parents agree to afford the right to first refusal to the other parent before the child is left with a non parental sitter other than siblings or parental uncle.

And if you cannot agree.....then what?

(see where I'm going with this?)

And when does the ROFR kick in?

 

[TheGeekess]

The parenting plan states: a. Shared Parental Responsibility - Both parents shall confer so that major decisions affecting the welfare of the child shall be determined jointly. Major decisions include, but are not limited to, decisions about the children's education, healthcare, religion and the general upbringing of the child. The parents agree to afford the right to first refusal to the other parent before the child is left with a non parental sitter other than siblings or parental uncle.

Whether or not Junior has to walk home from school is not a major decision, it's a parenting difference.

The fact the the SIBLINGS are watching Junior blows away the ROFR.

You've got nothing.

 

[jorgebarrios]

And if you cannot agree.....then what?

(see where I'm going with this?)

And when does the ROFR kick in?

I'm guessing it kicks in when ever she goes somewhere for a substantial amount of time, like going out to dinner/movies/bar, etc.

 

[TheGeekess]

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

I have a final judgment for paternity and parenting plan in Broward County Florida. For the past six months my son's mother has been making decisions regarding my son's aftercare/summer camp without consulting me, also on numerous occasions she has not given me the right of first refusal when she goes out to party and leaves my son with his underage sisters overnight. Daycare/summer camp cost is factored into my child support payments but for this entire summer his mother did not enroll him in summer camp, she chose to leave him all summer in the care of his 15 and 17 year old sisters. Recently she made a decision, without consulting me to not enroll him in aftercare and instead have him walk home from school 2 to 3 days a week. I would say this is a clear violation of the parenting plan and the parental responsibility. To make things worst, she lives in a two bedroom apartment, her boyfriend moved in about 8 months ago, since then my son has been sleeping on the sofa. The mother is also 8 months pregnant which will now make a total of 6 people living in a two bedroom apartment. I'm in the process of submitting a petition to modify parental responsibility based on the changes of his living conditions. I spoke to a lawyer today and she said I could file a "Motion for violation of parental responsibility" to get a hearing(if I'm lucky an emergency hearing) to prevent her from withdrawing him from aftercare and having him walk home from school. The problem is I can't find such a form. Does anyone know what form(s) I need to file or what steps I need to take in order to prevent my eight year son from walking home along from school? Thanks in advance.

So you file to modify CS if you're worried about the money.

 

[stealth2]

The parenting plan states: a. Shared Parental Responsibility - Both parents shall confer so that major decisions affecting the welfare of the child shall be determined jointly. Major decisions include, but are not limited to, decisions about the children's education, healthcare, religion and the general upbringing of the child. The parents agree to afford the right to first refusal to the other parent before the child is left with a non parental sitter other than siblings or parental uncle.

Aftercare and summer camp aren't educational decisions. Same with walking home ftom school. Are they "general upbringing"? Perhaps, but so is whether he can have hot dogs & mac/sheese for dinner three nights a week. A court isn't going to give it all that much weight, I don't think.

ROFR.... his siblings ae watching him. So it doesn't kick in on those occasions.

I'm guessing it kicks in when ever she goes somewhere for a substantial amount of time, like going out to dinner/movies/bar, etc.

No... All it really says is that she has to offer the time up to you if the siblings or kiddos uncle aren't watching him. "I guess" doesn't cut it. It either says when it kicks in (in terms of time) or it doesn't If it doesn't? She gets to "guess" same as you do. Which really means you've no dog in the fight. Unless she is leaving the kid with the neighbor three doors down instead of her kids or brother.

 

[LdiJ]

The parenting plan states: a. Shared Parental Responsibility - Both parents shall confer so that major decisions affecting the welfare of the child shall be determined jointly. Major decisions include, but are not limited to, decisions about the children's education, healthcare, religion and the general upbringing of the child. The parents agree to afford the right to first refusal to the other parent before the child is left with a non parental sitter other than siblings or parental uncle.

Mom isn't violating the orders.

 

[Ohiogal]

The parenting plan states: a. Shared Parental Responsibility - Both parents shall confer so that major decisions affecting the welfare of the child shall be determined jointly. Major decisions include, but are not limited to, decisions about the children's education, healthcare, religion and the general upbringing of the child. The parents agree to afford the right to first refusal to the other parent before the child is left with a non parental sitter other than siblings or parental uncle.

So leaving the child with his sisters is perfectly fine. It doesn't state that mom MUST enroll him in summer camp OR aftercare.