I Have A Six Year Old Son Who Resides In Florida With His Mother They Are Both From Rhode Island Orgianlly I Obtained A Lawyer Up Here In Rhode Island About Two Years Ago I Was Not Able To Accomplish Anything With Him Cause Jerstiction Shifted To Florida Cause She Had Been A Resident For More Than Six Months I Pay Child Support An Have Very Little Access To My Son I Have The Occ. Visits An Once In A While Phone Conv. I Know He Is In A Bad Sitution There With His Mother I Want To Know What My Chances Of Winning Full Cust. Of My Child Would Be I Have Been Told That In Florida That Father's Rights Are Very Strict An Would Like To Know If I Should Pursue This If I Have Even The Slightest Chance Of Maybe Obtaining Full Cust Thank You
Can I Do This
- Thread Starter SS28AZ06
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Scooterdog
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Well, you could get more time, sure. You have a constitutional right to shared custody.
Is there any type of order in place?(from before??)
The shyster is correct if there is no order. BUT, you can override the six months which I believe the lawyer is getting from the UCCJA. If you can show a strong connection in your state, you could possibly have the hearing there. Two judges, one from MT, the other from Wyoming threw that out the window in my case. It took me ten years to end that missery.
You will have to show the mother is doing something wrong. The court will be reluctant to take time away. But, don't give up hope!!
One of the main things the courts must consider, is the availability of witness's. If your state has them, then juridiction should be there for convenience.
You can file in your state, she inturn would file in Fl(probable). The courts themselves would determine jurisdiction. IF she didn't file, and responds threw a lawyer, to your action in your state, you would have jurisdiction.
It can be done, you just have to go about it in such a way that she submits to the juridiction you are in. In other words, you have to play dirty.
Also, even at the worst, you end up going to Fl, those courts are bound by supreme court rulings, and there are a ton in support of fathers. Hell, you can even file in Federal Court to protect your parenting rights. AND, yes, judges can be sue'd if they cross the line. Keep these things in mind. A Federal Court has more stroke than any lower court state judge.
Check this out:
http://www.gitlinlawfirm.com/writings/uccja2.htm
That explains the history of the UCCJA, PKPA.
If you have more questions, please ask. Hope this was of some help.
Is there any type of order in place?(from before??)
The shyster is correct if there is no order. BUT, you can override the six months which I believe the lawyer is getting from the UCCJA. If you can show a strong connection in your state, you could possibly have the hearing there. Two judges, one from MT, the other from Wyoming threw that out the window in my case. It took me ten years to end that missery.
You will have to show the mother is doing something wrong. The court will be reluctant to take time away. But, don't give up hope!!
One of the main things the courts must consider, is the availability of witness's. If your state has them, then juridiction should be there for convenience.
You can file in your state, she inturn would file in Fl(probable). The courts themselves would determine jurisdiction. IF she didn't file, and responds threw a lawyer, to your action in your state, you would have jurisdiction.
It can be done, you just have to go about it in such a way that she submits to the juridiction you are in. In other words, you have to play dirty.
Also, even at the worst, you end up going to Fl, those courts are bound by supreme court rulings, and there are a ton in support of fathers. Hell, you can even file in Federal Court to protect your parenting rights. AND, yes, judges can be sue'd if they cross the line. Keep these things in mind. A Federal Court has more stroke than any lower court state judge.
Check this out:
http://www.gitlinlawfirm.com/writings/uccja2.htm
That explains the history of the UCCJA, PKPA.
If you have more questions, please ask. Hope this was of some help.
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