This is very complicated (to me anyways). I left my husband in 2007 brought my 2 kids with me. My son is autistic. I moved from Orlando Florida to Alabama where my mother was to help me with my kids. Their father also moved to Alabama but then moved to NW Florida to be near his family. I had enrolled my son into school for the school year 2008-2009 and my daughter into a preschool. I had let him know that and asked if he would like to keep them for the last two weeks before school started. He did, and on the day we were to meet, he told me I would not be getting the kids back and try to find them cause I wont be able to. I called the police and they said if I willingly gave them to him there was nothing I could do. He filed for temp custody, I never was served and he called me the day of that hearing and asked why i wasnt there, the judge rescheduled and when we went in front of him, which by the way, was 1 month and a half later, their father said he enrolled them into schools. One of which was supposed to be really great for autistic children. The judge said he didnt know what to do, and I told him I didnt feel comfortable pulling my son out of a good school. He respected me for that and told me that i may have the children every friday, sat, sund and when possible wednesdays. I got them every weekend the wednesdays were a little diff because I lived 2 hours away. Ever since they were taken from me everything has gone downhill for me, I am not complete without them, so i moved to florida where i had nobody. I wasnt able to get by there so I moved with my boyfriend to TX. My divorce has not gone thru yet and I am trying to get my kids for the summer break, at least my part of it. Their father is telling me I am not allowed to bring them here. I dont know what to do. I dont even know if I get a lawyer if it needs to be in florida or texas where I am. I dont belive he has the right to tell me where I can have my kids when they are with me, since the order was given for shared parenting and i was already out of state. Can anyone help me with any advice??? Please, I;m just a mommy lost without her babies, and yes they will always be my babies...
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Need help to get my babies, at least bringing them to where I am
- Thread Starter kckswthrt
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MorgansDaddy
New Member
I don't think he can refuse visits as long as you are covering the travel expenses. If you have court ordered visits and he refuses them, you can(in Florida) file for contempt. If he wishes that you do not take them to Texas, he needs to file for modification of visitation and let a Judge decide that. Anything you do will be in Florida where the kids reside because they have jurisdiction. I could be wrong though about the Texas part if the court order specifies where the visits are to be with you. If that is the case you need to file for modification to have it changed to where you can take them to your home in Texas. Again, expect to pay for all expenses that will come from getting to kids to Texas and back to Florida.
There is nothing stating that I can not take them anywhere. The order was already set for out of state. Their father says Im not abe to take them to TX because he doesnt want them going that far. I just told him that I will contact the court and file for contempt against him if he chooses to keep refusing. He is just being difficult because I guess he thinks his age will get him further, but what he fails to realize or remember is that I helped him get his oldest daughter. He wants to run over me, trying to take advantage of me and using my sons disability against me. Very frustrated
Gail_in_Georgia
Moderator
You also have no court order saying you CAN take your children out of state. Right now all you have is an order granting you visitation every Friday, Saturday, Sunday and maybe Wednesdays.
From your own posting, you've moved from Florida to Alabama, back to Florida and now onto Texas with some boyfriend even though you are not divorced (thus committing adultery).
Your (still) husband is worried that you will do what he has previously done if you take the children to Texas; refuse to return them at the end of summer.
Gail
From your own posting, you've moved from Florida to Alabama, back to Florida and now onto Texas with some boyfriend even though you are not divorced (thus committing adultery).
Your (still) husband is worried that you will do what he has previously done if you take the children to Texas; refuse to return them at the end of summer.
Gail
MorgansDaddy
New Member
and my order was already set from out of state
I would say you have a case for contempt if he doesn't allow the visit. It is your duty to return them as per the court order. Of course you know that though. If he refuses then your only option will be to file the required papers with the courts where your kids reside and show up and make your case for the contempt against him. You may even be able to file by mail and just appear at any hearing that they schedule. No matter where you live, you have a right as a mother or a father to see your children, especially when the visits are court ordered, and I am almost sure the judge will see it that way. Him refusing only causes trouble for himself and just delays what will happen eventually, meaning the visits. Just remember the judge will order you to cover transportation, more than likely. I wish you luck and hope you get to see your children soon.
well thank you morgansdaddy...i called the clerks office...printing off the papers to mail to file...he doesnt think i will do it, but he doesnt know how bad im hurting without my babies...i will get them, i know it...the only reason i dont have them right now is because i was thinking of the well being of my son... i have done research here to find the best places for autism and I am gonna get them back, hopefully when we go before the judge for our final dissolution of marriage...travel expenses was set as well before, we were to either meet half way or me pick them up and him come get them or vice versa...travel expenses is nothing though, there can be no pricetag on the time with my precious babies...
MorgansDaddy
New Member
well thank you morgansdaddy...i called the clerks office...printing off the papers to mail to file...he doesnt think i will do it, but he doesnt know how bad im hurting without my babies...i will get them, i know it...the only reason i dont have them right now is because i was thinking of the well being of my son... i have done research here to find the best places for autism and I am gonna get them back, hopefully when we go before the judge for our final dissolution of marriage...travel expenses was set as well before, we were to either meet half way or me pick them up and him come get them or vice versa...travel expenses is nothing though, there can be no pricetag on the time with my precious babies...
Agreed! They are precious. His noncompliance with the court order COULD help if you are trying to regain primary physical custody. Good luck!
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