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MIAMILAW1127
MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 749
Experience:  Founding Partner at Moises Law, P.A.
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My xwife took me to court in june 2015 to take away my

Customer Question

my xwife took me to court in june 2015 to take away my visits claiming I mental and physically abused him. it has come about that she is the one who is doing it not me. on sept 23rd I got custody to be tranfered on Oct 2, 2015. of course 2 days before she got a lawyer and filed a motion to stay pending an appeal. we have our response to appeal in and just waiting for that answer. in the mean time I have a disney trip that i have already paid almost 10,000. dollars for and she will not allow me the week to have my son. I have spoke with guardian he feels child should go but doesnt know what can be done if she wont agree. My lawyer seems to be brushing it off and telling me not to stress but its this weekend and he knows about trip and I dont want his mother having anything more to tell him I didnt take him to but I took my new family the ones I really love not him, yes thats only some of the crazy crap she tells this 8yr boy. please can you tell me what I can do to get a judge to approve it or what to make my lawyer file?
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You should ask your lawyer to file an Emergency Motion asking the court to determine your parental rights specific to this trip. The court would then determine what your rights are as to the trip this weekend.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 1 year ago.
What do you mean by ask the court to determine my legal rights? The final order I have says I have full physical and legal custody effective Oct 2 2015. But on Oct 1 2015 she got a lawyer who filed for a motion to stay pending and appeal the stay was granted and we are waiting for judge to review the appeal application and our response along with the guardian of the child's response. The guardian says the child should go, since he is suppose to be for his best interest is there anything we can have him file for this trip. My son knows about this trip and is beyond excited to go, it's going to break his heart and destroy him to find out we went without him. Due to my work and my wife's along with our other children we can't change this trip to another date. I was also suppose to have my son for a total of 87 days this whole year for visitation and so far I have only had him 13 because of all her lies and crap she has pulled. Can't that count for anything?
Expert:  MIAMILAW1127 replied 1 year ago.

The issue is that the Motion to Stay prevents you from getting full physical and legal custody on October 2.

All of that does count, but you need to get in front of the judge and have him order that the child can go with you despite the stay pending appeal.