My 2 boys 13 and 15 have been residing in Florida for the past 2 and 1/2 years and when I told there father that I would be picking them up he filed papers so that I could not take them out of the state. I have sole and legal custody of them and have raised them except for the past 2 years. He has spent months in jail for domestic violence against me in California. What are my options?
2006-11-29 09:44:05 · 4 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
We were never married either and at the time my children were born I was legally married to someone else.
2006-11-29 09:46:01 · update #1
Regardless of who has custody, the father still has a say if you are planning to leave state with them. Call a lawyer they will tell you all you need to know. If you have sole custody, why were they living with their father for 2 1/2 years in Florida? If you get married to a man whose work will take you out of the state well, you have to go where your husband goes but; this doesn't seem to be an option. Good luck.
2006-11-29 09:48:44 · answer #1 · answered by bellbottombleus 4 · 0⤊ 0⤋
It's always possible to get a temporary restraining order, particularly when one parent is trying to move the kids out of state. However, the Uniform Child Custody Jurisdiction Act is pretty clear on which state has jurisdiction. If you have a legal custody order in another state, Florida has to respect that, and any custody action brought in Florida will have to be removed to the state with original jurisdiction.
So, get a good lawyer, oppose the restraining order and force your husband to litigate in the original court.
2006-11-29 19:38:27 · answer #2 · answered by antirion 5 · 0⤊ 0⤋
I don't understand how he can file that against you. If you have divorce papers stating that you have sole and legal custody of them he shouldn't be able to do that. Has he showed you the papers he had drawn up?? Maybe he is just saying that... I would think if he was to do that he would have to show the courts that he has full custody of them. I would ask to see the papers...
2006-11-29 17:49:33 · answer #3 · answered by jeter2 2 · 0⤊ 0⤋
Go down to your local courthouse and ask them for the pro-say paperwork. Let them know what you are trying to accomplish and between them and child support you should have all the assistance you need to make it happen. Good luck and God bless you and your lil darlings.
2006-11-29 17:50:03 · answer #4 · answered by John A 2 · 0⤊ 0⤋