I was told that you can do anything with the child as far as when the child can be seen by the other parent where the child stay and any child rearing until one parent decides to take the other parent to court and then the fl law applies for child custody and visitation rights

What is the situation ? We need more information. Im not so sure your being told the truth.

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Originally Posted by califdadof3

What is the situation ? We need more information. Im not so sure your being told the truth.

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OK I was told by department of revenue that I was the custodail parent I spoke with a lawyer she told me to waiting until my court hearing to get the papers that legally show I'm custodial parent she also told me that I can make any child rearing choices and when the father can see the child also long as I don't stop him she said I have that right until he takes me to court to fight for custody and more vistitation rights


The child is 2.
The father and me never married
Its been over a yr since I moved out of his apt after he put his hands on me but that's not on file with the police
The father is very controllin and wants to take the child from me saying I'm unfit because I don't have a job and staying with relatives until I can get back on my feet
And the father don't feel like he should pay child support for his son

I got laid off from work since 2007 been looking for work everysince lost my car and then my apt after my job
I been offered jobs in jacksonville and n.c but the dad won't let me leave
I'm about to get married and the step dad been providing for me and the child and go beyond what the bio father would do for his own child
Me and the stepdad do a lot for the child and with the child

What do the court papers say so far because you keep sounding like there is something then saying there isn't. Another thing is your boyfriend is not the step father until your married. And if he would like to adopt then your going to need to be married for at least 1 years time.

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Originally Posted by califdadof3

What do the court papers say so far because you keep sounding like there is something then saying there isnt. Another thing is your boyfriend is not the step father until your married. And if he would like to adopt then your going to need to be married for atleast 1 years time.

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Well right now the department of revenue sent out support orders saying how much he has to pay after we submitted the financial affidavit and that he's the non custodial parent but he request for a hearing which will be the final papers for the order of child support and that's the paper that the lawyer told me to wait for (legal documents from the court) I know but my boyfriend is not the legal stepfather yet but in 8 months he will be(but he acts like one right now) and thanks I didn't know he could adopt my child that's new I will keep that in mind

But we are not going to court to fight for custody or visitation rights and that's what the lawyer say I have rights to control without his approval until he takes me to court for his share of the child she said I have the right to move with in 50miles without his approval also

Dept of Rev does not decide who the custodial parent is, expect to them if you currently have the child you are.

Next is the dad on the birth certificate, that is a very important factor

But you need to
1. go to court and get a custody order, family court, not dept of rev
2. get a child support order

The father may ask for visits and work out other issues

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Originally Posted by Fr_Chuck

Dept of Rev does not decide who the custodial parent is, expect to them if you currently have the child you are.

Next is the dad on the birth certificate, that is a very important factor

but you need to
1. go to court and get a custody order, family court, not dept of rev
2. get a child support order

the father may ask for visits and work out other issues

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I know that's why the lawyer told me to wait until the court hearing to tell who's the custodial parent although dept or rev say it because the child lives with me and not with the father

Yes the father is on the birth certif that's why the state of fl putting him on child support they already gave him the papers but he requested for a hearing which we have to attend in some days

1. the father wants to stay in fl to sttay close to his mom and I'm not trying to spend my life in fl and since we are like an hr away from each other they will do 50/50 custody with us and his father won't let me leave

2. child support is already in the process just have to wait until the hearing

But its not about child support its about what the lawyer told me about the custody and child rearing and if that really true here in fl (theres no juridiction over child custody at all)

1. yes the father can stop you from leaving the state normally. Since it will interfere with his right to visist.

A hour apart, if he can show that there is a way that they can still attend the same school, he may offer to move closer even, I know here in Atlanta a 30 or 40 min drive time still allows joint custody.
But joint custody does not have to be 50/50, it could be 60/40 or what ever is agreed upon.

Yes, the custody will affect child suport, since if he does get 50/50, it will not be as much support as it would be if it was full custody with him only having visits.

As for support normally both of you will have to provide proof of your incomes to the court.

Terms of child raising can be put into a custody order, even the custodial parent may be restricted in some things. When I got custody of my son, the court still allowed his mother to have the final say in matters of education.

So it can be very very specific in writing in the court order, we had it spelled out who decided after school activities, the custodical parent could not schedule the child for anything on visit days and so on.

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Originally Posted by Fr_Chuck

1. yes the father can stop you from leaving the state normally. Since it will interfere with his right to visist.

A hour apart, if he can show that there is a way that they can still attend the same school, he may offer to move closer even, I know here in Atlanta a 30 or 40 min drive time still allows joint custody.
But joint custody does not have to be 50/50, it could be 60/40 or what ever is agreed upon.

yes, the custody will affect child suport, since if he does get 50/50, it will not be as much support as it would be if it was full custody with him only having visits.

As for support normally both of you will have to provide proof of your incomes to the court.

terms of child raising can be put into a custody order, even the custodial parent may be restricted in some things. When I got custody of my son, the court still allowed his mother to have the final say in matters of education.

So it can be very very specific in writing in the court order, we had it spelled out who decided after school activities, the custodical parent could not schedule the child for anything on visit days and so on.

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The child is 2yrs old so he only attends daycare
I remember the lawyer saying that about joint custody and if I decide to leave chances are I couldn't and I would be stuck in fl unless the father leaves or we do visitation where he get the child 2 months and I get the child 2 months through the yr until the child goes to school and if the father still in fl and don't want to agree with the new changes at that time I will have to move back to fl because of the father is this true

I just found out that fl law puts the burden on the custodial parent more regardless if the father isn't very active in the child's life

Quote:

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Originally Posted by Fr_Chuck

1. yes the father can stop you from leaving the state normally. Since it will interfere with his right to visist.

A hour apart, if he can show that there is a way that they can still attend the same school, he may offer to move closer even, I know here in Atlanta a 30 or 40 min drive time still allows joint custody.
But joint custody does not have to be 50/50, it could be 60/40 or what ever is agreed upon.

yes, the custody will affect child suport, since if he does get 50/50, it will not be as much support as it would be if it was full custody with him only having visits.

As for support normally both of you will have to provide proof of your incomes to the court.

terms of child raising can be put into a custody order, even the custodial parent may be restricted in some things. When I got custody of my son, the court still allowed his mother to have the final say in matters of education.

So it can be very very specific in writing in the court order, we had it spelled out who decided after school activities, the custodical parent could not schedule the child for anything on visit days and so on.

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Thanks for your help and advice

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Originally Posted by needhelpfl

i was told that you can do anything with the child as far as when the child can be seen by the other parent where the child stay and any child rearing until one parent decides to take the other parent to court and then the fl law applies for child custody and visitation rights

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Can sum1 please answer my question because it seems that people wants to know personal situations and still avoid answering what I really asked all I want is to get a second answer from what the lawyer told me not anything about child support we don't have ANY CUSTODY ORDERS so the court hasn't assigned visitation rights or anything of that nature so all I'm asking is just answer what I asked I really just want to make sure that the lawey was telling the truth

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Originally Posted by needhelpfl

can sum1 please answer my question bc it seems that people wants to know personal situations and still avoid answering what i really asked all i want is to get a second answer from what the lawyer told me not anythin bout child support we dont have ANY CUSTODY ORDERS so the court hasnt assigned visitation rights or anything of that nature so all im askin is just answer what i asked i really just want to make sure that the lawey was telling the truth

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No they weren't telling you the truth. Your going to have to wait until a court makes a decision in your case to know where you stand. As of right now you both have equal rights to the child.

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Originally Posted by califdadof3

No they werent telling you the truth. Your going to have to wait until a court makes a decision in your case to know where you stand. As of right now you both have equal rights to the child.

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Are u a lawyer?

If both people are on the birth certificate and there is no court custody order, both parents have the same rights