Legal Question in Family Law in Florida

Mt ex husband and I are divorced and have agreed that the children will live with me and he will see them every other weekend beginning afterschool that Friday and we meet somewhere to return the children by 5 that Sunday. We have been to court twice (with me filing contempt motions) because he would not return the children. He would get upset because I wouldn't provide food and money for them while they were at his house. On the last order I brought the issue that I would possibly want to relocate. The judge ordered that I could not do so without first agreeing with the father or filing a relocation petetion. I talked with my ex husband and we both agreed that we were tired of court. He agreed to the relocation. I did not get it in writing because I was unaware that I needed to. i thought the verbal agreement was enough. We also agreed that the children would spend the summer with him while I searched for a home and job to support myself and the children when we move. He called about 2-3 times during the summer demanding I send money for the children to buy food, etc. I told him I did not have it right then and it was his responsibility to provide for them when they are with him. He does not help out at all financially with the children and is not on childsupport because I didn't want my children to have to visit him in jail. (he is currently $20,000 + behind in child support for another child from someone else. The only time he paid on that account was when I bonded him out after he was picked up for non-payment when we were still married.)When I returned to Florida (the move was to Georgia)to get the children he told me to go away and if I tried to pick them up from anywhere I would go to jail. He would not let me see or talk to my children. He is claiming that I abandoned them. I have recorded conversations where I have spoken to all three of my children throughout the summer. I filed a motion of contempt, a petetion for relocation, and a motion for child pick-up. He, in return filed a motion for contempt saying I relocated without his permission which is a lie. Technically, the children were never relocated. I never brought them to Georgia. Also, the last court order stated that he was being warned that he could possibly lose his visitation rights or they would be reduced if he goes outside of the parenting plan again. I also have a record of where he filed a false child abuse report against me. The findings in the case were that he was the mental abuser of me and our three children, there were verified findings of his illegal drug use, and he was supposed to get anger management treatment and drud counseling which he did not. He also has a laundry list of drug charges on his record. I have made the big mistake of simply wanting my children to be able to see and interact with their father even though he is not exactly a good father right now. The judge denied my request for immediate return of the children saying they were not in danger. However, I have relocated because of my ex husband's and my verbal agreement. I do not have the funds to continue to drive back and forth regularly to see if today is the day he will let me see them. I am awaiting a hearing date. My son receives SSI also. My ex husband has went to the SSA and signed my son's money over to himself saying he has legal custody. He has also filed for foodstamps for my children. I clearly believe he wants them for financial support. he does not work simply because he does not want child support money to come out of his check. His driver's license have been suspended for years and he does not have a vehicle. I supported my family throughout our entire marriage and supported my children without his help even after the divorce. I do not want to lose my children and cannot afford an attorney. The local legal aid denied my application because they said they do not have the funding. Is there any advice on what I should do or say. I am desperate. I was there during the first week of school because the school called and said that my son couldn't come back without shots. His father had no problem with trying to get benefits for them but when I asked why he didnt take my son to get shots he said he did not have money. The only way I get to see my children is if they are aat school. I took my son to get his shots. He was afraid to leave with me. He said his dad told im that he was not allowed to go anywhere with me and if he sees me to call him. He is trying to make my children believe that I abandoned them. PLEASE HELP!!!!!!


Asked on 8/28/12, 4:56 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You have far too many issues - get an attorney. If SSI has allowed the ex to change the name on the payee then I would think he has some kind of paper to allow that since you were the primary custody.

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Answered on 8/29/12, 4:41 am


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