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How do I make the magistrate see my child is in danger and what is the likely hood anything will be done. : My ex and I have had a tumultuous time co parenting. I follow the parenting plan to a T he always finds loopholes or just blatantly disregards it. My ex never notifies me who he leaves my child with. I have asked before and it was his girlfriend at the time which I was OK with. We have first right of refusal in our plan. But now I am terrified my ex has started to form a relationship with a man who may be my father(paternity was never established). I met this man who may be my father 8yrs ago, saw him maybe 20 to 25 times over 5 yr period. We have had no contact for 3yrs, from what I understand he reached out to my ex to establish a relationship with my child. I tried to talk to my ex about why this is putting my child in danger and he tells me he will do what he wants on his time. This man and his wife are unstable, they can not have children on their own(the wife only found out I existed when they were at a fertility clinic). My ex has taken my child to see him now 3 times. I filed a motion of enforcement for all the other violations. I am hoping to address this issue with the magistrate do I have any hope on limiting the relationship or stopping it all together?

Asked 3 months ago in Child Custody

Garth’s answer: In order to modify the parenting plan, you must allege and prove a "substantial change(s) in circumstance", which is, basically, some thing or things that are material / significant and was/ were unanticipated at the time of the Final Judgment. In this instance, I assume you will want to seek sole parental decision making authority (or at least, ultimate decision making authority), and/ or to limit the amount of time the Father sees the Child or to restrict the means in which he spends time (namely, supervised timesharing). Acrimony between two parents is not a substantial change since this may have been occurring at the time of the initial proceeding. However, if a parent uses poor judgment in his/ her relationships or conduct, which then negatively impacts a child, then this may amount to a substantial change. Your ex reaching out to another person who may be your father and is unstable, may amount to such poor judgment. If your child has seen this person 3 times, have you noticed any material change in the child's behavior? Was the child injured? If you notice a change, then you may want to reach out to your ex and suggest counseling (you cannot do this without his input if you have shared parental. You must advise him of the child's need for counseling and provide the name or names of qualified counselors. If your child has not exhibited any negative impact, then you may keep track of all visits. Do not place any thoughts into your child's head by suggestion. Just keep track of his / her behaviors, academics and interpersonal relationships with other children.

Answered 3 months ago.


My husband gets disability benefits, we are still legally married over 30 years, only seperated,what can I collect: Just want to how I can benefit

Asked 3 months ago in Divorce

Garth’s answer: The benefits may not be a divisible asset but, dependent on all of your Husband's available financial resources, you may have an argument for alimony. Alimony is based on one's need for the alimony and the other spouse's ability to contribute to the support of his/ her spouse. Need and ability has to be quantified/ assigned a dollar value. If your Husband has fully invested into social security and his benefits are more than your benefits (upon retirement), then you may claim a higher amount under his record.

Answered 3 months ago.


If a custodial parent moves over 50 miles away without letting anyone know during a Paternity proceeding, what can be filed?: Non-custodial parent had a Paternity case opened to prove the child was in fact his and wants rights for the child as Mom is depriving him since the baby was born of any contact, etc. Under oath in court during an Injunction hearing, Mom stated the child was not his but not before slamming him with a child support order 1st. She wants money but does not want to budge with allowing him any time with the child. Injunction hearing was against Mom as she has violent tendencies as to why Dad is no longer with her. This has been nothing but time missed that Dad will never get back. He did sign the Birth Certificate and DNA has now been established. During the Paternity proceeding Mom spitefully moved without telling anyone knowing Dad is trying to establish a parenting plan/Time-Sharing with the courts. She feels if she's further it will be harder for Dad to get any visitation rights or fulfill them if granted and his travel expenses will be on top of the already established support order with Dept of Revenue. It's a control game for her. Please advise what can rebuttal her move? There is no parenting plan in order as she has not agreed to any nor has their been a final hearing yet

Asked 3 months ago in Child Custody

Garth’s answer: If a paternity case is pending, then the Father, who signed the birth certificate and is entitled to access to the child, is considered a "parent" with standing to pursue his rights under Florida's section 61.13001, Florida Statutes (relocation statute). If the Mother moved without following the requirements of the relocation statute, then the Father may seek to have the Mother held in contempt of court which may result in the imposition of sanctions to compel the Child's return. This behavior may be considered when determining the Father's right to specific timesharing going forward, for an award of attorney fees and/ or travel expenses. A court will not take kindly to a parent who frustrates another parent's right to a relationship with the Child.

Answered 3 months ago.