Need some legal advice for child custody laws in Florida. Anyone dealing with a Florida Custody...

[BettinaAuSucre]

I just need to seek out law advice for custody in Florida. Our divorce and custody were finalized in Georgia but in 2008, he moved to Florida without notification other than a phone call. I wasn't aware of my rights and didn't seek legal retribution for this. Since then he has refused to travel to GA to assist with visitation. It's been an extremely uphill battle trying to get him to meet me for my visitation, which is now voided because i did have every other weekend and several holidays and Spring break/Summer break with her. Now, since his move, I have only been able to see her for summer break, spring break and one holiday. I am admittedly frustrated at having to deal with his immaturity. I pay my child support on time, every month. Totally separate I know. 

He recently moved from his parents home into his fiance's mother home. He has been seeking food stamps and has made it obvious he cannot afford to parent our daughter. According to the agreement I get her even numbered years for Thanksgiving, but he tells me 4 days before the scheduled pickup that he hasn't enough money to drive up there. He asks me to pay my child support 2 weeks early. He then says he wont be able to pick her up on the scheduled pick up date because he has to work. So I am extremely frustrated at this turn of events and wish to seek full custody of her.

what does MDC think?

[Avani]

Wow. So he moved away with your daughter and for the last 2+years you have never done anything to remedy this? Typically the moving parent has to provide travel. However you should have gone to the courts ASAP. Possibly due to his moving and  violating a court order you could get full custody because of those actions. However you not attempting to do anything for 2+ years could go against you. I highly recommend a lawyer. You would file in GA since that is where your case is. I know your daughter lives in FL but jurisdiction is GA not FL. So it wouldn't matter what Florida's custody laws are.

[BettinaAuSucre]

I was told by my previous lawyer that I would need to file in Fl...i will seek advice here in GA about it. I am definitely getting a lawyer. Yes I know i made a mistake in not seeking counsel for his moving. I had tried to be cooperative with him and do what is best for our daughter. Now he is refusing to be cooperative. This needs to end.

[Avani]

He would be forced to bring your daughter back to GA would be my guess. Without prior court approval it is considered parental kidnapping if a parent leaves the state with a child.

[Super~Single~Mama]

Originally Posted by Avani 

He would be forced to bring your daughter back to GA would be my guess. Without prior court approval it is considered parental kidnapping if a parent leaves the state with a child.

If the OP had filed earlier, maybe.  Now that her dd has lived in FL for so long, maybe not.  He IS in violation of the custody order, so you should pursue that.

However, since the child has lived in FL for 2+years, and you know that, you will likely have to file for custody in FL.  Definitely seek advice from a lawyer - in particular one who is experience in inter-state custody disputes (meaning, custody disputes where the parents live in different states.)

Good luck, sounds like a tough situation!!