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In a child custody visitation schedule, can a judge from…

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In a child custody...

In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives in Jersey under that court order I live in Florida. A judge has allowed his father to take him for the weekend. I screwed up and I got my son taken away for drug use. He's in foster care and his dad is allowed to come and get him for the weekend against a New Jersey court order

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

The court that ordered no unsupervised visitation is in New Jersey Dockett FM 117 - 107 - 1 - states that Gary Nichols is not allowed to have unsupervised visitation. My son got taken away with DCF and I'm going to rehab but they want to put them up for adoption in February. In the meantime Gary comes down to Florida and gets unsupervised visitation from this judge

Lawyer's Assistant: Have you talked to a lawyer yet?

No. Gary's plan was to have my son taken away and brought to his brother's house where he didn't have to pay child support and his brother would have dropped him. DCF is falling for it and the plan is in its works. I have not cooperated with the game plan so they want to put them up for adoption. I'm going to go to rehab this month and I'm going to finish all my programs. Problem is I don't have good representation. They have made mistakes left and right in his case but that's okay. I made a mistake by using drugs and that's not okay. My son still was never neglected I have it in the Boy Scouts mommy and me day Disney World. I need help here. I need to know if that judge is breaking the rules

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. The judge also ordered one week every week phone calls. I haven't got a phone call in for weeks and before that was 4 months they're trying to sever ties with me and my son. They placed him with a drug addict and an alcoholic sister and then when they realize they made a mistake they brought him back to Fort Myers which is 5 hours away I moved out here to Daytona to be closer to my son and hear they found out they made a mistake. They picked him up from my sister's house and brought back to Fort Myers 5 hours away

Submitted: 11 months ago.Category: Family Law
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Answered in 2 minutes by:
9/26/2017
Family Lawyer: RayAnswers, Lawyer replied 11 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,572
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 11 months ago

I am so sorry that you are having to deal with all of this and the stress of it all.You may have to have your lawyer present the NJ orders and argue that father is a risk to child.Obviously the NJ judge thought so.The Florida judge shuld defer to the NJ judge on this issue.

Argue that terminating your parental rights is not in the child's best interests and that you are trying to rehab and should get another chance.

Best interests of the child that you should still have custody and visitation.

Section 61.13(3), Florida Statutes

(3)

For purposes of establishing or modifying parental responsibility and creating, developing,

approving, or modifying a parenting plan, including a time

-

sharing schedule, which governs each

parent’s relationship with his or her minor child and the relationsh

ip between each parent with

regard to his or her minor child, the best interest of the child shall be the primary consideration.

A determination of parental responsibility, a parenting plan, or a time

-

sharing schedule may not

be modified without a showing

of a substantial, material, and unanticipated change in

circumstances and a determination that the modification is in the best interests of the child.

Determination of the best interests of the child shall be made by evaluating all of the factors

affecting

the welfare and interests of the particular minor child and the circumstances of that

family, including, but not limited to:

(a)

The demonstrated capacity and disposition of each parent to facilitate and encourage a

close and continuing parent

-

child relat

ionship, to honor the time

-

sharing schedule, and

to be reasonable when changes are required.

(b)

The anticipated division of parental responsibilities after the litigation, including the

extent to which parental responsibilities will be delegated to third parties.

(c)

The demonstrated capacity and disposition of each parent to determine, consider, and

act upon the needs of the child as opposed to the needs or desires of the parent.

(d)

The length of time the child has lived in a stable, satisfactory environment and the

desirability of maintaining continuity.

(e)

The geographic viability of the parentin

g plan, with special attention paid to the needs

of school

-

age children and the amount of time to be spent traveling to effectuate the

parenting plan. This factor does not create a presumption for or against relocation of

either parent with a child.

(f)

Th

e moral fitness of the parents.

(g)

The mental and physical health of the parents.

(h)

The home, school, and community record of the child.

(i)

The reasonable preference of the child, if the court deems the child to be of sufficient

intelligence, understan

ding, and experience to express a preference.

(j)

The demonstrated knowledge, capacity, and disposition of each parent to be informed of

the circumstances of the minor child, including, but not limited to, the child’s friends,

teachers, medical care provid

ers, daily activities, and favorite things.

(k)

The demonstrated capacity and disposition of each parent to provide a consistent

routine for the child, such as discipline, and daily schedules for homework, meals, and

bedtime.

(l)

The demonstrated capacity

of each parent to communicate with and keep the other

parent informed of issues and activities regarding the minor child, and the willingness

of each parent to adopt a unified front on all major issues when dealing with the child.

Please don't give up here, you have valid points to raise and seek another chance with the kids.Father here was not supposed to have time with kids based on his bad behavior and NJ judge.

Keep fighting here, see what you can do to get your lawyer to fight for your rights in all of this.I am so proud of you for not giving up as you state we all make mistakes.

I appreciate the chance to help you , I will say a little prayer for you that you prevail here.

If you can positive rate when we are done it is much appreciated.

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