michelle_29
Jun 21, 2010, 06:33 AM
Hello,
My husband and his ex-wife currently have 50/50 custody in the state of Florida. His ex-wife relocated with their daughter to California to "get her life on track" in Ocotber 2009. The original verbal agreement was for the child to finish the school yr in California and return to Florida with her father to resume permanent residence in FL. My husband went to pick-up his daughter on June 18th with the intention of the child remaining in Florida permanently, but the child's mother changed her mind and now only wants her in Florida w/ the father for the summer. The child's mother made him sign a notarized document stating that he would return the child to California by August 10th and the child would resume her new residence in California with the mother.
Now, the court papers in FL state 50/50 custody, but he did originally and voluntarily allow the child to leave the state of FL and establish residence in California for 8 months. Would the courts consider this a legal modification of the custody agreement at that time? The child went to school there and completed 3rd grade. He did see the child once while she was in California for a total of 3 days and he was in weekly contact with her. Again, the intent was only for the child to stay there for 8 months and return to a permanent residency w/ her father in FL, but there was NOTHING written, ALL verbal.
I have a few questions:
1. Is there any way that the mother is able to go to California courts and file for full custody or would she have to do it in FL?
2. Is it even possible for the child's mother her to ask for full custody as child lived w/ her in CA for 8 months?
3. Is the child a legal resident of the state of California or state of Florida?
4. How much weight does the notarized document that my husband signed carry? Does he have to abide by what he has signed when FL court papers say 50/50 custody even though he did voluntarily modify this?
ANY help/ advice would be extremely appreciated! Thank you!
My husband and his ex-wife currently have 50/50 custody in the state of Florida. His ex-wife relocated with their daughter to California to "get her life on track" in Ocotber 2009. The original verbal agreement was for the child to finish the school yr in California and return to Florida with her father to resume permanent residence in FL. My husband went to pick-up his daughter on June 18th with the intention of the child remaining in Florida permanently, but the child's mother changed her mind and now only wants her in Florida w/ the father for the summer. The child's mother made him sign a notarized document stating that he would return the child to California by August 10th and the child would resume her new residence in California with the mother.
Now, the court papers in FL state 50/50 custody, but he did originally and voluntarily allow the child to leave the state of FL and establish residence in California for 8 months. Would the courts consider this a legal modification of the custody agreement at that time? The child went to school there and completed 3rd grade. He did see the child once while she was in California for a total of 3 days and he was in weekly contact with her. Again, the intent was only for the child to stay there for 8 months and return to a permanent residency w/ her father in FL, but there was NOTHING written, ALL verbal.
I have a few questions:
1. Is there any way that the mother is able to go to California courts and file for full custody or would she have to do it in FL?
2. Is it even possible for the child's mother her to ask for full custody as child lived w/ her in CA for 8 months?
3. Is the child a legal resident of the state of California or state of Florida?
4. How much weight does the notarized document that my husband signed carry? Does he have to abide by what he has signed when FL court papers say 50/50 custody even though he did voluntarily modify this?
ANY help/ advice would be extremely appreciated! Thank you!