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-   -   Regaining custody (https://www.askmehelpdesk.com/showthread.php?t=275528)

  • Oct 30, 2008, 07:49 PM
    heather31102
    Regaining custody
    I have been divorced from my ex for about 4 years. We separated in 2003. He took the child under the pretenses that I was going to get him back after I got settled on my feet. I have another child from a previous relationship. He took him and refused to let me have any contact with him at all. I would track him down and he would move again. He and I both lived in Florida at one point and when I was supposed to get him at Christmas he decided to move and not tell me about it. He left the state of Florida and moved to Tennessee (which he refused to let me know about). About 8 months ago, he called my parents to tell them he gotten married for the third time and was moving down to Louisana. I just got a letter from his 3rd wife, soon to be ex, that he and my son had moved back to Tennessee. Since 2003 I have only seen him once, he won't let me talk to him, and refuses to give anything that I get for my son to my son. My son cries at night and tells everyone that he can that he wants me, but I have no way of contacting him because every time I do, he moves him again and I have to go through the process all over again.

    I want custody of my child as I don't feel that his father is fit to have him. I work part time and I got to school full time. I have been in a relationship for almost 4 years and my fiancée is a pastor. I don't have any money to get a lawyer; however, I don't know what to do. Any advice please?
  • Oct 30, 2008, 08:37 PM
    stinawords

    I know this will sound bad but you really should get a lawyer. Five years is a long time to try to regain custody. When you divorced what was the custody arrangement made by the court? That will play a big part also was there visitation set up? Those will actually mean more than anything else right now.
  • Nov 1, 2008, 09:33 AM
    cadillac59

    You need to file a motion in your divorce case (I assume it was in FL) and request a modification of custody if the divorce allows joint custody with no specified parenting plan or, if the divorce gave him custody a modification (like stina said you have to look at what the current custody orders allow for). The reason for a modification would be that you've been denied access to the child. If you have custody yourself under the divorce decree then this may just be a case of enforcement of the existing orders. Get a consult at least with a good family law attorney in FL. If the divorce was in FL and you still live there jurisdiction will still be in FL no matter where your son and his dad live. Hope this helps.

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