Request for Parenting Plan

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naz52

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As I'm continuing my ongoing battle trying to keep my son in FL with me and the rest of his family and friends and not allowing his mother to move him to NY where her bf lives. My wife and I have been heavily discussing the parenting plan (that we've only heard about). One week with his mother and one week with me. I found a "Rotating Parenting Visitation Schedule" Form on the internet, http://www.fljud13.org/flag/pdf/Visitation%20-%20rotating%20Schedule.pdf and it looks exactly like something I've been looking for.
Can someone please take a look at the form and tell me if I'm supposed to just fill in the blanks and file with the court? Or, is there something else?
We have mediation in 3 weeks due to her contempt of court with my visitation and also have a hearing with a General Magistrate about the proposed relocation (date not yet set).
If I'm able to file this form would the Magistrate be the one to make an order on such file (would he be the one to say yes or no?)
I know bringing this up in mediation she will say absolutely NOT!!

Thanks for all your help!!!
Brian
 
If she is moving away just to be with her boyfriend her chances are not very good at all. FL is actually pretty strict on relocations and mom is moving for her best interest, not the childs. Continue to state that it is in the child best interest to remain in FL with you and the extended family. Have you at least consulted with an attorney just to be safe?
 
Yes I have consulted w/an attorney however could not afford him. I have an extremely good case and don't believe for a minute that the judge will let her move considering her past (ie. 20 moves in 8 years, contempt of visitation out the yengyang among other things). It really would be in the best interest if my son could move in w/me. I honestly believe if I had enough money for a good attorney I would have custody. But due to me doing all this myself I'm going to try for the parenting plan. I hope I do this right! I'm going to fill out the parenting plan form I found on line (changing some things) and fie with the court. I hope it works.
Thanks for any and all advice!!!
Brian
 
You might want to google some fathers rights groups in FL to see if anyone can give you some guidance on how to fill out paperwork. Also look at yahoo groups. Call around to another attorney, get more than 1 quote.
 
I will do that thanks for your Duranie! I know it will be an up hill battle but maybe it won't be as bad as I expect.
I did find some words of encouragement (copied and pasted below).
Thanks Again!





Aug. 1, 2008

By Jenny Andreasson
The Voice

Mike Weller refuses to be reduced to a "weekend dad" after his divorce, and a recent change in the law is likely to bolster his push to get equal custody of his sons.

A bill approved May 28 by Gov. Charlie Crist evens out the parental playing field, which has traditionally handed mothers primary custody in a divorce, leaving fathers with little say.

"Every other weekend — that's how often you see a friend," said Weller, a Winter Springs business owner whose wife filed for divorce July 7. "When the law is dictating that one parent is better than the other, the kids see that."

Sponsored in the House by Rep. Jim Frishe of Pinellas County, the new language of the law replaces the term "custody," denoting control or ownership, with "parenting plan," denoting a shared responsibility to provide care.

"We took the approach to not have custodial or non-custodial," Frishe said. "We're just going to have parents, who then agree on a parenting plan that focuses on the child."

Parents were fighting over the labels, not the children, he said. By removing the labels, there is nothing to fight over. "It will also help to unclog the courts a little, I hope," he added.

Unless neglect or abuse is proven to be involved, mothers and fathers will get equal rights — a move away from the system that favored mothers in custody cases.

"Women typically get custody because we still think in traditional ways — men provide, women nurture," University of Central Florida women's studies instructor Farrah M. Cato wrote in an e-mail.

Women often do a greater amount of the parenting, such as housework and carpooling, Cato wrote, "but that doesn't mean that women are better parents, or that men can't or shouldn't be involved."

Weller, who has 5-year-old and 6-month-old sons, wants to be involved in parental decisions, such as what schools they'll attend or what medical treatment they'll receive. He also wants him and his wife to coexist at special events, such as birthday parties and holidays.

He said the 70-30 parent rights arrangement is forcing more and more fathers to just walk away because they feel like they're good enough to pay child support but not good enough to be in their children's lives.

UCF's Cato hopes the new law shows parents the benefits of equal parenting.

"The law is catching up;" she wrote, "it might even help push us to another level by recognizing in a pointed way that children need their parents — regardless of sex or gender — to engage in the shared responsibilities of parenting."

The changes in the law don't technically take effect until Oct. 1, so Weller is left wondering if he can use it to his advantage.

"I'll do whatever I need to do to get 50 percent interest in my kids as far as their lives go. I don't want to be told by a court system 'no,'" he said.

Rep. Frishe recommends fathers such as Weller act as though it is already enforced, using it to guide any legal action. "He should keep focused on what's right for the children."

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Parental playing field leveled
Mothers and fathers will have 50-50 rights to their children in a divorce beginning Oct. 1. Visit MyFloridaHouse.gov for more information about Child Custody and Support House Bill 1075.
 
Good a bill lilke this would eliminate many custody battles. Unless the mother or father can prove the other parent is neglectful or abusive to the kids, joint custody should be given. Many custody battles center around child support too, so now parents will be forced to co-parent and deal with joint.
 
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