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3 Bumps

Having a custody issue involving grandparents and the father.

My ex bf wouldnt allow me to take our child out of the state of FL to CA, because my husband is in the military. But then he joined the military and took our son to AL. He contested custody of our son and we ended up with joint with him getting the primary, because he could afford the lawyer. He has since moved back to FL , and our son is now living with his grandparents. My ex lives with a friend in a different part of town. I was wondering if I would be able to contest custody and gain the primary custody.
I dont see it as right that he took our son and then gave him to his mom. When I am fully capable of caring for him.
anyone go through this?

 
joannapelaez

Asked by joannapelaez at 5:55 AM on Jul. 8, 2010 in General Parenting

Level 1 (3 Credits)
This question is closed.
Answers (11)
  • First set yourself an appointment with a good attorney. Save your money and hire a PI who can prove that your son is not living with his Dad. And then, take his butt back to court and get your baby back! A good attorney will tell you where it needs to be contested, etc, during the initial consultation!
    mommy11260

    Answer by mommy11260 at 7:31 AM on Jul. 8, 2010

  • I'd be in court every day until I got my baby back, but that's just me, even if they said no, I'd be back again, asking, and asking, and asking and asking...
    DomoniqueWS

    Answer by DomoniqueWS at 6:01 AM on Jul. 8, 2010

  • If he isn't living with the children and he has custody, there is something wrong there. If you can't afford a lawyer see if you can get one based on your income. I'd fight this one to the end. It isn't right.
    Lifes-A-Dance

    Answer by Lifes-A-Dance at 8:16 AM on Jul. 8, 2010

  • I'm so sorry about this for you and your son. I have no advice to give you but I can send prayers your way. Good luck and God bless!
    JenE1098

    Answer by JenE1098 at 5:57 AM on Jul. 8, 2010

  • He should be with you,his parent,not the Grandparents. That's not an acceptable solution whether they're loving or not. He's YOUR kid,not theirs.
    butterflyblue19

    Answer by butterflyblue19 at 8:06 AM on Jul. 8, 2010

  • You have to contest it in his state. I think you have a good case here. The fact that he handed his child over to his parents says that he is unable to care for him. Please keep a log about EVERYTHING! How often he sees his dad, how often you see, him. Keep receipts of anything you buy for your son. You have to prove that you are more capable of caring for him. Is your ex married? It's good that you are married, this will show the court stability on your part. I doubt that you will win FULL custody & in order to take your son to Cali, you have to have full custody. I share custody with my ex, i am primary but the fact that we share legal & physical cusotdy would make it illegal for me to move my DD away from her father. He could file a kidnap charge. The only way you can move your child with you is if you win full cusotdy...i think...that is how it is here in GA, might be different in FL.
    samurai_chica

    Answer by samurai_chica at 8:42 AM on Jul. 8, 2010

  • You will have to file for change of custody in Florida. You will also have to prove that your child is living with his grandparents and not with him. File a modification of primary custody. You have more rights than the grandparents have.
    PrttyMstng

    Answer by PrttyMstng at 9:04 AM on Jul. 8, 2010

  • ive been calling lawyers, and base legal... and they tell me they dont know. i dont even know what state to contest in...
    joannapelaez

    Comment by joannapelaez (original poster) at 6:26 AM on Jul. 8, 2010

  • If the child is being loved and cared for where he is, that's probably the best place for him. Otherwise, he becomes the rope in a tug of war and he is the one who stands to lose the most. If you can prove that he is being neglected and feel you can give him a better life and home, then by all means, try to get him out of there. Being a grandparent myself, I doubt that is the case. My guess is he is being loved to pieces.
    NannyB.

    Answer by NannyB. at 7:33 AM on Jul. 8, 2010

  • If he's in the military he had to choose someone to have custody in case he was deployed. I'm guessing he has his parents watching him to give him a stable home life if he is being stationed in different places. Of course you can contest the custody and you contest it in the state in which custody was established. If it started in FL and everyone is back in FL there shouldn't be an issue as to jurisdiction. If attorneys are being wishy washy about taking the case then there is probably something else involved that they don't want to get into but money talks. Hire one and tell him/her what you want done.
    admckenzie

    Answer by admckenzie at 8:28 AM on Jul. 8, 2010

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