Closed FL Custody Case in pandemonium!

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singlemotherof2

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Case finalized 4yrs ago with shared custody. Since case was finalized, dad has removed child from daycares, school, after school programs on non-visitation days and without authorization. Dad has also moved on 2 occasions and has refused to provide address as ordered by the judge. There are numerous of problems in addition to what I have mentioned however, the police will not get involved. I have consulted with the legal advisor at our local courthouse, which has stated that once a case is closed that you only have 30 days to appeal or the case is finalized and closed without the option to file anything against the other party without paying the courts to reopen the case.
As a single mother of 2 and no child support for my children, I can not afford an attorney, let alone to pay the necessary fees to reopen the case. I don't know what to do and I dont know how much more I can take. I feel like my emotional and mental state of mind is in jeopardy along with the mental health of my son due to the problems his father continuously is creating. Any advice that can help is greatly appreciated.
 
Please tell us what your custody order actually says (minus names), and what you want to have changed.

Thanks!
 
Shared parental responsibility. Undesignated primary residential parent. Alternating visitation every other week. Pick up and drop offs at school or local police dept. 14 days of uninterrupted vacation with proper notification given to the other party 30 days prior. Liberal communication with the child. I cover medical with 50% expenses paid by dad. Alternate taxes every other year as of 2006 if my son's father paid off a debt owed within 90 days of the final order or I would be entitled to claim every year. we must keep each other up to date with address and phone number.....for the past couple of years, my son has been registered for school and after-school care under my residential address and my government assistance. According to the program neither his father nor any other person is permitted to pick up the minor without my consent. And may I add that he paid the debt YEARS later and has been claiming our son on his taxes.
 
This is important:

Please type WORD FOR WORD (minus names). Because there are a few things I have questions about. :)

(This is helping us help you - much appreciated!)
 
I'd like for my son to come and live with me during the week while school is in session so he can properly focus on school without fear and stress while at the same time exercising visitation with his father. I've always been the one to handle ALL the school affairs, whether it's homework, projects, meetings, volunteering, problems, etc. His father rarely ever partakes in anything involving school other than causing problems. I fear that my son will be highly affected if the problems continue.
Yesterday was his orientation at the new school he will be attending for he is now going to be attending Junior High but b/c his father took him without permission from the camp he was attending and then refused to release him, he missed out. I did call the police but they refused to get involved. Please help
 
1. The court has jurisdiction of the subject matter and the parties.
2. The parties have entered into a Prejudgment Agreement on Complaint for the paternity and each has filed as "Exhibit A" in this case and is ratified and made a part of this final judgment. The parties are ordered to obey all of its provisions.
3. Paternity. The Court finds that John Doe is the natural and biological father of the minor child.
4. The Court has jurisdiction to determine custody of and visitation with the parties' minor child.
5. The parties shall have shared parental responsibility of the minor. Primary residential parent shall be undesignated. The parties shall have rotating custody of the minor.
6. Visitation as follows: (a) Parties shall have the child on alternating weeks. Each week of visitation shall begin on Monday when the child is dropped off to school and end on the following Monday when the child is dropped off to school. Each Thursday the child shall have visitation with the parent who's not exercising visitation on that week. Thursday visitation will begin at the time the child normally is released from school and ends at the time the child normally returns to school on Friday. (b) The parties agree to leave holidays, special occasions and vacation schedules open and flexible. (c) Each parent shall be entitled to 14 days of uninterrupted visitation with the minor child during the summer. The party wishing to exercise uninterrupted visitation shall notify the other parent in writing at least 30 days prior to desired visitation. (d) Each parent shall have reasonable open and liberal right do telephonic communication with the child at any time that the child is with the other parent.
7. Each party shall provide for the need of the child when the child is in his or her care. The mother agrees to reimburse the father for one half of the expenses associated with the child's daycare within 30days of the date the expense is incurred. The father agrees to reimburse the mother for one half of the expenses associated with the child's medical insurance within 30 days of the date the expense is incurred.
8. Health Care Coverage: Mother will maintain health care coverage for the parties' minor child. The party providing coverage will provide insurance cards to the other party showing coverage. Any uninsured or unreimbursed medical costs for the child shall be paid by the mother unless the expense exceeds $100.00. If the uninsured or unreimbursed medical costs exceed $100.00 the parties shall each pay one half of the cost.
IRS Tax Deductions: The parties shall have the benefit of any tax deduction for the child as follows: The parties shall claim the child on an alternating basis. The father shall be entitled to claim the child for the tax year 2006 and each even numbered year thereafter. If he does not comply with 11(b) within 90 days from the date of the final judgment, the mother is entitled to claim the child every year.
10. The Court reserves jurisdiction to modify and enforce this final judgment.


**Exhibit A to follow**
 
That's great so far. What I'm looking for in particular is exact wording concerning what you said about nobody being able to pick up your son without your consent.

This is not standard at all.
 
It's not stated in the order, its a rule that's established through the school and after school program that my son is attending. Because he is enrolled under my name and address and due to that his father and I do not live together, his father must provide his address and phone number in able to add him to the pick up/drop off list at school and the after school program so he can be authorized. Hsi father has refused to provide his info and has forced me to take all responsibility pertaining to school but still demands his weekly visits with his son. I dont know how to resolve this matter at this point.
 
Here's the thing.

Because he IS legally Dad, he is legally allowed to pick up his son from school - and if the school were to refuse, the SCHOOL might actually be breaking the law.

It then becomes a civil matter, and if Dad refuses to hand over the child for YOUR parenting time, you can absolutely take him back to court and file for contempt.

However, I don't see anything that would justify modifying the current orders.

When/if you get enough contempt findings, you'll have much more to act upon.
 
I replied earlier this week but it looks like my answer to you did not go through so I apoligize for the late response.

My son's father finally gave in a nd provided his address so this issue has been resolved for now. Thank you once again for your advice.
 
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