Visitation denial etc.

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Kelli78

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Ex and I have court documents that state what my visitation times are....like most orders, I get 50% summer visitation.

In 2005, I lived in FL (where are court has jurisdiction). The ex had moved 2 hours away from our hometown and he requested that our transportation should be divided 50%. I pick our son up at ex's home at the beginning of visitation and in return the ex retrieves the child at the end of my visitation.I agreed to the terms out of kindness and it was signed by the magistrate.

Well, in 2006, I moved to GA. and the ex refuses to provide 50% transportation which is a violation of our order. And every year from that point until 2008 I had provided 100% transportation in order so I could have my visitation times and get to see my son...In 2008, the ex tried to commit suicide while my 9 year old son was in the home with him. DCF was called and he was bakeracted. When DCF took my ex to court for our sons sake, the court asked the ex where I was located at and how to reach me, he lied to them and told them that he had no clue where I was at.My son was sent to live at the paternal grandmothers while the ex was in rehab. DCF refused to remove the child from the ex's custody and put in my custody. (They called it "family permenancy".

After I found this out, I refused to follow his transportation demands...He therefore denied me my summer visitation time of 2008 and he is already denying my summer time this year. I do have all the email copies from him with his denial and his written refusal to provide transportation.All emails from him states that if I do not return our son back to his home then do not "waste my time" coming down there to pick him up because they will not be at home....of course I still went down there to pick my son up but he refused and I called the sheriff dept. out to make an incident report of his denial.

I even offered to meet him at the state line (The same distance that it is use to be when he moved first---2 hours) He refused. I offered for us to split the cost of plane tickets for our son and he refused.
He keeps trying to blackmail me by stating that if I do not provide all transportation that he will refuse my visitation time.
I already know this is contempt...but now instead of just filing for contempt, I would rather file for modification of custody. But how do I handle his purgery from the DCF case? (I do have the CD from that court session)...Do I include that in modification? Or is perjury a separate issue? I want him to be charged for that.
Also the blackmails and the threats..how do I handle them? The man is psycho and he needs to learn that he cannot get away with all of this.

Please advice on how to file.
 
You really need an attorney. Honestly it is going to be very hard for you to get custody since you moved out of state. If your order specifically says that transportation is to be split 50/50 I would see an attorney and since he is in contempt, you might be awarded legal fees.
 
I do agree that it would be best to have an attorney but seriously, I really cannot afford one. I have studied up on Florida codes and statutes and made a journal of everything ex has said with the email copies from him. I wrote what the violation code is next to the journal entries. As far as moving out of state, the courts look at the best interest of the child for custody issues.
Here is a small list of ex's issues.
--Alcoholic---This has been proven by the DCF
--Unstable Home or family permanancy--Meaning that he instantly moves a woman in right after one leaves. His current girlfriend whose also my son's caretaker has also been in trouble with DCF before by making false child abuse allegations last year and she is also bipolar.---This woman is the one responsible for my son while the ex is at work. Child safety issues?
--Ex's mental capacity--Attempted suicide
--Son's grades are low--The is re: the school record of the child
--Visitation Denial--Basically this would be that I have a strong case on him for not being the parent who would encourage a relationship with the child and the other parent.
--Not following court orders--that is a given
--and his perjury to the court of my whereabouts just to keep my son away from me.--
--Finally, the false domestic violence report he tried to get on me in the past. The court denied his request. :)
 
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