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Can I reopen my child support case? We separated in 2006. Went 3 yrs w/o any help from the father so I filed for CS in 2009.

Hollywood, FL |

CSE informed me the address I provided was not valid & could not move forward w/o a current address. Fast forward to summer 2010, the father made plans for a week-long visit with our daughter and asked his mother to pick her up from my house (Hollywood, FL) to bring her to Naples, FL where he lived. I asked his mother for his address (to also send him divorce papers) but before I could inform CSE, it was too late. The father withdrew her out of school (without my knowledge or consent) and refused to return her home. For a 14 months, I ONLY got to speak to my daughter over the phone (no physical contact). There was nothing the police could do without a court order. I filed an Emergency Verified Child Pick up order but was denied because the judge did not want to uproot her out of school.

At one point, we were both living in Hollywood FL & then he moved to Naples with his [then] girlfriend [now] wife and her two kids. I am aware that in divorce cases either parties cannot relocate without getting consent from the other party or without court approval. The law states only 50 miles and he moved 110. We are now divorced. We have shared custody but child is living with father. Timesharing schedule is a hassle because I don't have transportation so I only see her on holidays and summer breaks and now I am the one PAYING child support. How could this happen???

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Attorney answers 4

Posted

I'm sorry that you've had such a terrible time. That must be awful. First of all, we need to know what the order states regarding time-sharing. I feel like we're initiating a discussion about a case without knowing where it "came from" and that is important. I'm not sure what options are available to you now without seeing the order that establishes you and your ex's time-sharing rights. It's curious that you've waited 14 months to do anything about this,however. It would have made a lot more sense to stay on this from the beginning, because now the child is really getting established where she lives. And to clarify, you have not been able to see your daughter because you do not know where she lives? Or is it because he has stated that he will not let you have any time with her. Messy.

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

Asker

Posted

Without money it was only so much I could do. I didn't have money for a lawyer. The police stated without a court order there's not much they can do. He lives 110 miles away so going back and forth trying to get her it's would have cost me time and money THAT I DID NOT HAVE. I filed everything I could possibly file. I told him I was coming to get her and he threaten to call the police on me. I didn''t know what to do. all I know is that he was doing this to avoid paying child support.

Posted

I agree with Mr. Rosenfelt. You went 14 months and didn't see your child? I would have had private investigators, the police, the army, and half of NASA looking for my child had the other parent taken off with her. How does a father "kidnap" your child for 14 months and yet you lose the primary timeshare case. I think you are leaving a lot out here.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

Asker

Posted

Without money it was only so much I could do. I didn't have money for a lawyer. The police stated without a court order there's not much they can do. He lives 110 miles away so going back and forth trying to get her it's would have cost me time and money THAT I DID NOT HAVE. I filed everything I could possibly file. I told him I was coming to get her and he threaten to call the police on me. I didn''t know what to do. all I know is that he was doing this to avoid paying child support.

Brent Allan Rose

Brent Allan Rose

Posted

So, what, money was more important than your child? You didn't have gas money to make the short trip to the other coast? He was going to call the police and, what, explained that he kidnapped his child? You didn't know what to do so you waited until now to post on this free legal forum?

Posted

There appears to be a lot of information missing from what was provided. Who was the judge on the Emergency Pick up? How long did you wait to file it? Have you filed a divorce action yet?
Without knowing the specifics, it appears that your next step would be to file a Petition for Dissolution of Marriage. You can request relief in that action to return the minor child. The longer you wait, the more likely a judge will be to find it in the best interest to stay with Father. Also I really think you need a lawyer. I am a family law attorney in Broward County, Florida who provides free initial consultations and payment plans. If I can assist, please call (954) 299-5957.

Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship

Asker

Posted

My sole purpose of my question was my child support case. I don't understand why I being treated like I did something wrong. I'm already divorced from him and the final judgment was all in his favor. Everything happened 2 years ago. Don't remember the judge name but I filed my emergency pick up a week after I realized he wasn't bringing her back. Even after I told the judge he kept her away from me for so long she still denied my case because they didn't want to uproot her out of school. He was telling the judge our daughter was telling him she wanted to live there but before he got his mom to come get her for that 1 week, he hadn’t seen her since Easter so my daughter was missing her father and wanted to spend more time with him…a week wasn’t enough for her…but her father misinterpreted that & took it for something else. At the time our daughter was 5 years old she can't make that decision for herself but the damn judge didn't care. In the filing I also stated he was trying to make me look bad in the eyes of the court because he made false accusations against me saying I was abusing our child. CPIS found no evidence and the case was closed. I didn't get a hearing set until Feb 2011. Why'd it take so long I DON'T KNOW. I called the police but they kept telling me without COURT ORDER there was not much they could do. I kept telling him I'm coming to get her and he threaten the police on me. I did everything I possible could without it getting physical or violent. I cried and pleaded with this man to bring her back and i'm the one being treated like i just let it or i wanted it to happen. C'mon now! This wasn't my fault. I never kept him from his daughter, never really asked him for anything and when I decide to put a foot in his behind for him to take care of his responsibilities, I get screwed in the end. He got time and money to take care of kids that not his (wife's kids) but wasn't taking care of his own. That's when I knew I had to do something. I'm not sure if this case can be revisited, if so what can I do??? But all I was mainly concerned about was my child support case. DOR sent me a letter reopening my case it but I don't know if it would be beneficial to my daughter or not. NOW I’M THE ONE PAYING CS & NOT HIM!!! I just wanted to know was my case handled correctly and if there is anything I can do moving forward. I have no money for a lawyer nor do I have the money to set up a payment plan. I don't know what could be done but if there is...PLEASE SHARE!!! Thanks!!!

Penny Taylor-Miller

Penny Taylor-Miller

Posted

If you were unhappy with the court's Final Judgment, your recourse was to file a timely appeal (if there was an appealable issue). But it sounds like that time has long passed. If that time has passed, the judgment stands unless and until there is a substantial change in circumstances. This is not an easy burden to overcome, and can be quite complicated. It is not something a pro se litigation can generally seek to do themselves. Sorry.

Posted

I agree with my colleagues. We need more information. If you are looking to move this case forward and restore some to all of your rights, definitely call an attorney. Feel free to call myself or one of my colleagues.

You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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