My question involves a child custody case from the State of: Florida
The Parenting Plan on file states. Father & Mother have equal rights, father will have residential. At time of the original agreement Father was stay at home father living with mother, mother was living with friends and working. Mother ordered to pay support.
Original Plan:
Shared Parental Resp. w/ Dec. making authority.
Education/Academic decisions & Non-emergency health care: mother and father equally selected.
Standard information sharing noted.
School designated by fathers address.
Standard communications with children via telephone at anytime.
Child care providers must be agreed upon by both parents.
Relocation provisioned by FL 61.13001
Dated 2011
In 2013 father contacted mother about not being able to properly care for the children and a verbal agreement was made for them to reside with the mother for a year, and then re-evaluate at that time. Father stated he was commuting to a job that he started in September far from home and preferred if he could stay with friends rather than commute.
The children were then given to mother and enrolled in school. Upon the request of the childrens grandmother (fathers mother) a full medical work was requested on both children as their father had ignored their requests. All of these medical checkups were completed along with dental inspections. At the beginning of March 2014 the mother had applied for government assistance with regards to foodstamps for the children. The father contacted the mother because he received a notice that he was losing benefits and he was upset that this change would result in him being required to pay childsupport.
Over the course of their spring break the father contact the mother and stated an inability to have the children for his portion of his break, and that if their grandmother could get them instead. Wanting to promote family health, the request was obliged. As the mother sat at their meeting location on the day the children were to be returned and after speaking with the childrens' grandmother they were delayed. The father calls an hour after the agreed meeting time stating the children were being relocated with him and refused an address.
The next day many motions were filed with the court. Some are still pending.
Two days after the relocation the mother was finally given the address of her children. The father had enrolled them in a school without any mention to the mother. The weekend after the move was one of the mothers regularly scheduled weekends. Intent to get the children for her allotted time sharing, the father stated it wasn't going to happen, the children are having an emotional time. The mother went to the residential address provided and no-one was home. When the father was contacted he stated that he had already advised that it wasn't going to happen, and subsequently in text messages stated "that he has the right to modify the plan whenever he feels necessary". A call was made the the local sheriff to at least have third party documentation of the mothers attempt to comply with the agreement. Since her weekend was refused, the mother contacted the father again and requested that she spoke to the children. At this point his GFs phone number was given. Upon calling her she immediately told the mother she was on speaker phone as she was instructed to do so by the childrens' father to properly monitor the call.
He was texted about the refusal, texting back the mother became irate and used profanity and the call was terminated.
The children finished the school year with the mother complying with the order of her transportation responsibilities.
At the end of the childrens school year the court ordered their 2 week rotations begin and had a medium mid point as the court acknowledged the fathers relocation was without petition.
Since the initial agreement the children stayed with father as a stay at home dad who would be available at any time.
His subponead work records showed that we was working an average of full-time+ hours per week and after the time he took the children increased those hours to nearly 51 hours per week.
We are thus burdened by the elusive and seeming impossible Substantial & Material change.
Facts that we can back up:
School was chosen without any mention or attempt to include mother.
Father relocated and refused address for two days.
Father updated address with court over 1 month after move.
Time sharing was denied.
Communication was denied unless monitored.
Changes were never filed in writing, in event of disagreement plan is basis for acts. Time sharing, communication and relocation were violated.
Relocation required by 61.13001 was never petitioned and after 6 months, no such petition has been filed. Father moved over 120 miles from his address in the parenting plan.
One of the children came into our school doing poorly, but showed improvements. Father reports child was behind due to our substandard choice in school, without regard to the children having a poor education start under his care as noted in inital progress reports. The children also suffered 2 school changes in 1 semester. Children attended school 5% more when in the care of the mother.
In talks with Father, father has refused a guardian ad litem.
Father has lied in court twice about his current household persons at new residence, both times were brushed off by the judge.
Fathers employer requires him to maintain full-time employment.
Verbally abusive text messages.
Father is now refusing to give the children's doctors information as he states that he provides all necessary updates.
At the time children were taken mother was behind on support, but was paid in full before proceedings began. Was credited for 5 of the months children were with her and is currently up-to-date.
Father has forced children to relocate 6 times in 5 years.
Mother has lived at 2 address in the last 5 years, 4.5 years of which were spent with her current fiance and now their 2 children who are 2yrs and 6 months.
Suspicions:
Father has been reported for suspicion of government assistance fraud for when the children did not reside with him.
Possible notary fraud. His live in GF who has worked in a law office has notarized three documents he has submitted in the case, she is listed as one of his witnesses on an un-notarized document.
2nd possible notary fraud. Theres a document submitted to the court that the document supplied to the petition doesn't have a signature that appears to match that of the father when compared to 45 of his signatures previously submitted to the court.
Parental alienation: the children keep asking the mother why she left them, because thats what their father has told them.
History not documented in case. Father has arrest record for battery hit and strike charge in regards to the mother, the case was dismissed as she didn't prosecute as she was 19, their only child at the time was 1 and she lived with his mother.
Discovered while doing research on all things related to the case. Was that the father at the time of the first childs' conception was in violation of Florida statutes 794.05 for engaging in sexual acts with a 16 year old while he was 28 years old, which also resulted in a pregnancy while the mother was still 17. This was her 2nd pregnancy to the father as the first when she was 16 resulted in a miscarriage. The criminal statutes of limitations has expired, but civil still stand from what we've found. We are compelled that the court needs to know this as the fathers new GF has a 13 and 16 year old residing with them.
The mother had stopped verbal communication in order to better document the fathers behavior, which has on 2 occasions been verbally abusive.
Since the father has taken the children back, this has been especially traumatizing to our 2 year old. She's the happiest child on earth when her brother and sister arrive and is depressed half of the week when they leave only to have the cycle repeat.
Any thoughts or comments would be appreciated.
The Parenting Plan on file states. Father & Mother have equal rights, father will have residential. At time of the original agreement Father was stay at home father living with mother, mother was living with friends and working. Mother ordered to pay support.
Original Plan:
Shared Parental Resp. w/ Dec. making authority.
Education/Academic decisions & Non-emergency health care: mother and father equally selected.
Standard information sharing noted.
School designated by fathers address.
Standard communications with children via telephone at anytime.
Child care providers must be agreed upon by both parents.
Relocation provisioned by FL 61.13001
Dated 2011
In 2013 father contacted mother about not being able to properly care for the children and a verbal agreement was made for them to reside with the mother for a year, and then re-evaluate at that time. Father stated he was commuting to a job that he started in September far from home and preferred if he could stay with friends rather than commute.
The children were then given to mother and enrolled in school. Upon the request of the childrens grandmother (fathers mother) a full medical work was requested on both children as their father had ignored their requests. All of these medical checkups were completed along with dental inspections. At the beginning of March 2014 the mother had applied for government assistance with regards to foodstamps for the children. The father contacted the mother because he received a notice that he was losing benefits and he was upset that this change would result in him being required to pay childsupport.
Over the course of their spring break the father contact the mother and stated an inability to have the children for his portion of his break, and that if their grandmother could get them instead. Wanting to promote family health, the request was obliged. As the mother sat at their meeting location on the day the children were to be returned and after speaking with the childrens' grandmother they were delayed. The father calls an hour after the agreed meeting time stating the children were being relocated with him and refused an address.
The next day many motions were filed with the court. Some are still pending.
Two days after the relocation the mother was finally given the address of her children. The father had enrolled them in a school without any mention to the mother. The weekend after the move was one of the mothers regularly scheduled weekends. Intent to get the children for her allotted time sharing, the father stated it wasn't going to happen, the children are having an emotional time. The mother went to the residential address provided and no-one was home. When the father was contacted he stated that he had already advised that it wasn't going to happen, and subsequently in text messages stated "that he has the right to modify the plan whenever he feels necessary". A call was made the the local sheriff to at least have third party documentation of the mothers attempt to comply with the agreement. Since her weekend was refused, the mother contacted the father again and requested that she spoke to the children. At this point his GFs phone number was given. Upon calling her she immediately told the mother she was on speaker phone as she was instructed to do so by the childrens' father to properly monitor the call.
He was texted about the refusal, texting back the mother became irate and used profanity and the call was terminated.
The children finished the school year with the mother complying with the order of her transportation responsibilities.
At the end of the childrens school year the court ordered their 2 week rotations begin and had a medium mid point as the court acknowledged the fathers relocation was without petition.
Since the initial agreement the children stayed with father as a stay at home dad who would be available at any time.
His subponead work records showed that we was working an average of full-time+ hours per week and after the time he took the children increased those hours to nearly 51 hours per week.
We are thus burdened by the elusive and seeming impossible Substantial & Material change.
Facts that we can back up:
School was chosen without any mention or attempt to include mother.
Father relocated and refused address for two days.
Father updated address with court over 1 month after move.
Time sharing was denied.
Communication was denied unless monitored.
Changes were never filed in writing, in event of disagreement plan is basis for acts. Time sharing, communication and relocation were violated.
Relocation required by 61.13001 was never petitioned and after 6 months, no such petition has been filed. Father moved over 120 miles from his address in the parenting plan.
One of the children came into our school doing poorly, but showed improvements. Father reports child was behind due to our substandard choice in school, without regard to the children having a poor education start under his care as noted in inital progress reports. The children also suffered 2 school changes in 1 semester. Children attended school 5% more when in the care of the mother.
In talks with Father, father has refused a guardian ad litem.
Father has lied in court twice about his current household persons at new residence, both times were brushed off by the judge.
Fathers employer requires him to maintain full-time employment.
Verbally abusive text messages.
Father is now refusing to give the children's doctors information as he states that he provides all necessary updates.
At the time children were taken mother was behind on support, but was paid in full before proceedings began. Was credited for 5 of the months children were with her and is currently up-to-date.
Father has forced children to relocate 6 times in 5 years.
Mother has lived at 2 address in the last 5 years, 4.5 years of which were spent with her current fiance and now their 2 children who are 2yrs and 6 months.
Suspicions:
Father has been reported for suspicion of government assistance fraud for when the children did not reside with him.
Possible notary fraud. His live in GF who has worked in a law office has notarized three documents he has submitted in the case, she is listed as one of his witnesses on an un-notarized document.
2nd possible notary fraud. Theres a document submitted to the court that the document supplied to the petition doesn't have a signature that appears to match that of the father when compared to 45 of his signatures previously submitted to the court.
Parental alienation: the children keep asking the mother why she left them, because thats what their father has told them.
History not documented in case. Father has arrest record for battery hit and strike charge in regards to the mother, the case was dismissed as she didn't prosecute as she was 19, their only child at the time was 1 and she lived with his mother.
Discovered while doing research on all things related to the case. Was that the father at the time of the first childs' conception was in violation of Florida statutes 794.05 for engaging in sexual acts with a 16 year old while he was 28 years old, which also resulted in a pregnancy while the mother was still 17. This was her 2nd pregnancy to the father as the first when she was 16 resulted in a miscarriage. The criminal statutes of limitations has expired, but civil still stand from what we've found. We are compelled that the court needs to know this as the fathers new GF has a 13 and 16 year old residing with them.
The mother had stopped verbal communication in order to better document the fathers behavior, which has on 2 occasions been verbally abusive.
Since the father has taken the children back, this has been especially traumatizing to our 2 year old. She's the happiest child on earth when her brother and sister arrive and is depressed half of the week when they leave only to have the cycle repeat.
Any thoughts or comments would be appreciated.
Modification of Custody: Substantial and Material Change for Custody Modification
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