Legal Question in Family Law in Florida
I am at the end of my divorce case and the final judgement is about to be signed, however in the last few weeks things have been very chaotic and certain proceedures seem to be missing.
On 12/12/09 the Judge entered a Temporary Time Sharing schedule which gave me 3 weekends with my child per month in addition to dinner visits on Tuesdays and Thursdays. This schedule has been in place until now.
On 10/16/09 I attended a hearing for Contempt and Motion to Compel initiated by my ex's attorney. Both items were addressed and I was not held in contempt nor did I have a further obligation to provide any additional financial information. My ex's attorney then told the Judge that my ex intended to relocate with her fiance and my child to Colorado (We're currently in Pinellas County Florida). The Judge asked me if I agreed with the Relocation and I said "no". The primary reasons stated for the relocation included: a better support system in Colorado, work opportunities at Walmart (claiming she has been unable to find work in Pinellas County).
There was no pre trial. A hearing was scheduled immediately for 10/19/09 to address the relocation request which I delayed until 10/28/09 due to catching the swine flu. I received the notice for the hearing which was labeled "Notice of Intent to Relocate and Final Hearing". During the hearing on 10/28/09 (which actually was a trial to my surprise that included Final Dissolution of Marriage) I addressed some of my concerns with my ex relocating to Colorado which included getting her to testify to:
1. Her unstable past work history.
2. The fact that I have offered her several applications for my place of employment and she has refused those offers
3. She intended to collect disability from the state due to "mental health reasons"
4. The she has knowingly dropped off our child (6 years old) at school with inadequate adult supervision along with "forgetting" to pick her up from school the very same day as the hearing.
I then attempted to present some concerns that the school brought to my attention as well as histories of Domestic Violence and Substance Abuse and the Judge stopped me saying that my line of questionaing and the evidence being provided was relevent to a Custody Hearing and not a Relocation Hearing. I pleaded with the Judge stating that I was attempting to address what was in my child's best interest concerning relocation with her mother. The Judge said there were only certain parts of legislation he was able to take into consideration. With that, I ceased cross-examination and witheld further evidence and the relocation was granted.
After rushing home and reviewing relocation laws (Florida Statute 61.13001 Paragraph 7 sub sections (j) and (k) ) I discovered that the child's best interest, substance abuse and domestic violence ARE taken into consideration. I filed a motion for rehearing and it was denied on the basis that those things have already been taken into consideration.
In the mean time on 10/29/09 Child Protection Investigations performed a drug test on my ex and her fiance. Both tested positive for methamphedamines and marijuana. Upon finding this out I filed an Emergency motion to prevent my daughter from leaving the state until the CPI investigation could be completed. That motion was denied on the basis that it was not an emergency.
At this point I not only disagree with the court's decisions regarding my child's relocation, but furthermore I think there are other processes I may have been entitled to which did not take place such as a pre trial hearing, home studies, lack of a parenting plan etc. I am paying child support and have no money for an attorney although I know I need one. I guess my question is; Should I just accept things as they are now and attempt to modify custody after the CPI investigation is complete (does that qualify as a change in circumstance?) or should I focus on the processes and proceedures which I feel have been ignored? I only want my child to be safe and in a healthy environment. She is all that matters!
3 Answers from Attorneys
File a separate motion to alter custody to give you full custody based upon the drug testing that shows she is using meth and pot. Make sure DCF knows about the drug tests. They will investigate. This is the kind of thing that is not simple to pursue and you would be best off seing a lawyer on these issues.
That's an amazing story, but not a surprising one, because every day I hear stories of how people lose cases when (or perhaps because) they don't have lawyers. Of course, I'm only hearing your side of things, but I'm astonished that you lost the temporary relocation hearing (meaning, in essence, you've lost the entire custody case, because for the judge to reverse the ruling later would be to "bounce" your child back to Florida) based on those facts. In fact, I don't think I've seen relocation granted on facts one thousand times better than those. Anyway, you can't afford NOT to have a lawyer at this point. Beg, borrow (don't steal), and find the money any way you can to hire a lawyer, and do this now!
Your case is so typical of those who will not hire an attorney and try to handle child issues by themselves. Your child is your most precious commodity - get a lawyer and follow the advice of my colleagues Mr. Wagner and Mr. Rose.
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