I moved to Florida with my husband and mytwo kids we moved in with family. We are now both working and making money and doing well for ourselves, well enough to get a house and new car for our family but now the father of my daughter wants to make me come back to wisconsin even though when i was there he never paid child support for his daughter and when he saw her it was of his convienience not on the visitation schedual. He is now trying to make me come back can he do that? What precausions should i take besides lawyer, and child support info that he has not paid is?
2006-07-26 08:58:04 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Before you moved, did you give your daughter's father 30 days notice that you intended to move out of state? If not, he may be able to make you move the child back to Wisconsin. Read your child custody agreement and see if it says anything at all about whether or not your daughter is allowed to move.
All 50 states are part of an agreement on how child custody issues will be handled. Since Wisconsin already has an order in place, that is where all issues will have to be settled. You're going to need a lawyer back in Wisconsin to take care of this issue.
Since he was supposed to pay child support, and had a visitation schedule, the two of you must have been to court over the issue back in Wisconsin. Since has had contact with her, even if it hasn't been according to the schedule, he has more rights than if he never saw her and never paid his support.
If you can prove that the move was to make a better situation for your daughter (not for you or anyone else in your family, but for your daughter), she might be able to stay in Florida with you.
Good luck. And nail his *** for the back child support if you can!
2006-07-27 03:51:30 · answer #1 · answered by Mama Pastafarian 7 · 3⤊ 0⤋
Okay, You removed a child from her father' s area, without checking your divorce papers or your state laws? He didn't have any say in how far away she went-money delivered or not?
You allowed a man to get away with not supporting his child, even tho he is breaking the law.
And you don't want to go to a lawyer, because....he might give you valuable advice? Sounds like it might be worth $100 to get the straight scoop for your child. If you have a new car, you can afford it.
My advice is to run your life better. Take responsibility for not having support money (or a jailed x-) Find out from a LAWYER whether he can force you to return his child to his jurisdiction.
Make your ex- abide by visitation rules you both agree to. Do not turn your children into whores for money. (You can't see her, if you don't pay.) It is not your daughter's fault you chose a sh&^%ty father for her. It is not her fault, he won't pay. It' s not her fault you went off to Florida half-******.
Get family counseling for your new family and to teach you to be a strong advocate for your kids, and not a whiner.
Grow a back-bone.
2006-07-26 09:30:37 · answer #2 · answered by Lottie W 6 · 0⤊ 0⤋
Hi- If i were you I would definetly check your divorce or custody papers stating if it is legal for you to move outside the state with your daughter. I've been through the custody/visitation battle before and it clearly states in our papers that i cannot leave the state without her father's permission even thought i have full physical custody. I live in Minnesota, but each state's laws differ. Good luck and please get a lawyer! I know it's not cheap but it sure helps having someone back you up and who won't let your emotions get in the way of making good decisions. It's very hard I know from experiance.
2006-07-26 11:55:30 · answer #3 · answered by SJ 2 · 0⤊ 0⤋
i'm not to sure about custody laws in the states as i am from canada. what i do know about it is if you can prove to the courts (if it comes to that) that you are a good and loving mother, that your new husband is providing a healthy stable home for your children and your children are happy most courts side in favor of the parent with current custody. if you have documentation that the bio father has had irregular contact and has helped none with child support then most courts wont favor him at all. the worst possible outcome i could think of is the court would demand visitation. if he showed next to no interest in the same state, what's to say he would be willing to pay for travel costs etc. from or to another state. good luck with your family :) take care
2006-07-26 09:07:24 · answer #4 · answered by XxbrooklynnxX 5 · 0⤊ 0⤋
Gather info from past records of unpaid or no paid child support and get a lawyer www.findlaw.com
2006-07-26 09:03:34 · answer #5 · answered by Hawtman1092 3 · 0⤊ 0⤋
All I can tell you is that every state has their own laws regarding this. I can tell you that my wife went through this with her ex and we were living in Florida, he was in California. She turned him in to the State of Florida for not paying child support and the custody issue magically went away. Good luck.
2006-07-26 09:05:44 · answer #6 · answered by EG345 4 · 0⤊ 0⤋
In Michigan child support has nothing to do with visitation. Did he give his permission for you to move your daughter out of state?
What does your div. decree say about it?
Call a lawyer in Wis. and ask him/her
GOOD LUCK
2006-07-26 09:07:51 · answer #7 · answered by danzka2001 5 · 0⤊ 0⤋
1) Collect the unpaid child support .He does have rights but if you have custody I do not see how he can make you move anywhere. Get a lawyer.He has to prove he payed child support.
2006-07-26 09:05:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
well are you wanting to keep her away from him? Sounds like it. He may not like you, but that does not give you the right to take his daughter away from him, and vice versa.
I am a guy and have raised my daughter since she was2 (17 now). I would never have moved her away from her mother even though I cannot stand looking at the woman. Just not fair to the kid and they should come first.
2006-07-26 09:04:03 · answer #9 · answered by Anonymous · 0⤊ 0⤋
ask your lawyer who handled the divorce,he should be able to tell you what you need to know about relocating.The back child support should work in your favor though.
2006-07-26 09:02:57 · answer #10 · answered by michaelmoss30054 4 · 0⤊ 0⤋