Legal Question in Family Law in Florida
My story is so long a complicated, but I�m going to give a quick version and see if someone can help me figure this out. First, this is in regards to a child support/child visitation case. I�ve been back and forth in court from since 2007. The father of my child keeps trying so hard to get full custody of my son, so that I can pay him child support. It�s been an ongoing issue. The hard thing is he always has a lawyer and I represent myself. I have been found in contempt twice, one for leaving the state of Florida without asking the court for permission (Nothing in my child support order stated that I had too (11/2007 order). In which they ordered me to send my son from GA to FL every two weeks, even though I can�t afford it. Then recently the father files another motion for contempt, because I didn�t send him to FL. So I�ve been looked at in court like the willful parent who chooses not to obey the court order. As much times as I have been to court for this immature father and I try to show them that he don�t want to be a father he just cares about getting money from me and stressing me out, because he never wanted me to keep my son when he was conceive. I have showed them police reports of how many times I had to call the cops on him for abuse and to return my son. But since always has an attorney they object to everything I try to show the court. Ok, so back in June of this year we went to court and the judge wanted to put me in jail for not obeying the order. But I keep telling her that I don�t have any money to be sending my son to FL. So the father volunteered to pay for the summer vacation trip. The judge asked that the father present an itinerary with the flight information. The father then returned to court the next day with the receipts for the purchase tickets. He shows receipts that he pays for three tickets (one for the child and two for him to go back and forth with the child). So I rec�d a copy of the recommendation report a few weeks later and realized he present the court with false documents. The two tickets he purchase was not need because he initially purchase an unaccompanied minor ticket for the child to travel alone. So I sent a motion exception on the report regarding his misrepresentation and fraud to the court(I also included in my motion that I�m the victim of his continuous lies to the court and it bothers me that I�m being looked at as the willful one) . So I later spoke to the magistrate assistant and she informed me that the magistrate will enter my motion as rehearing and grant me telephone hearing appearance. So my question is: What are the possibilities that can happen to him for lying to the court? Because I know the court rarely authorizes rehearings. I also would like to know will they possibly vacate the prior order due to this, or will I have to ask the court to do so? Please help. The assistant stated that the hearing will be set for sometime in October due to schedule, so bare with them.
1 Answer from Attorneys
If he is using an attorney then for sure you need one to protect your rights.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-674-4433
careyandleisure.com
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Can I get full custody in Florida Asked 7/29/14, 7:27 pm in United States Florida Family Law, Divorce, Child Custody and Adoption