I need to put in a motion for relocating my son to Florida because I took him out of state without telling the father, they made him go back to NH. The dad will NOT let him call me or let me talk to him... because he cries and wants to come back to Florida I just can't lose my son. The dad only had him every other weekend. I need help :( BL-Florida.

You should have thought of that before you took your son away from his father. Courts don't look kindly on parents who ignore court orders. The father had every other weekend visitation and by taking him to FL without court permission you were guilty of contempt of court.

So you have an uphill battle to get the court to change its mind. I would strongly suggest getting an attorney because you have a slim chance without one.

What I would try is to get the court to appoint a guardian ad liteum. Such a person can represent the child rather than either parent. They can have the child evaluated and to determine what is best for the child. At the least, you can get the court to let you have some contact.

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Originally Posted by ScottGem

You should have thought of that before you took your son away from his father. Courts don't like kindly on parents who ignore court orders. The father had every other weekend visitation and by taking him to FL without court permission you were guilty of contempt of court.

So you have an uphill battle to get the court to change its mind. I would strongly suggest getting an attorney because you have a slim chance without one.

What I would try is to get the court to appoint a guardian ad liteum. Such a person can represent the child rather than either parent. They can have the child evaluated and to determine what is best for the child. At the least, you can get the court to let you have some contact.

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Yes I understand that taking my son out of state, but they didn't have me in contemt... and I never held the father from his son. I offered him summers, he hasn't had his son live with him, for this long. But is it right that he is holding him from his sister and I? The judge didn't want to take my son away from me, but it was the law. He had n choice, but I was asking about info on a motion...

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Originally Posted by Binny68

Yes I understand that taking my son out of state, but they didnt have me in contemt...and I never held the father from his son. I offered him summers, he hasnt had his son live with him, for this long. But is it right that he is holding him from his sister and I? The judge didnt want to take my son away from me, but it was the law. He had n choice, but I was asking about info on a motion....

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Also, the father even on weekends wasn't giving my son his medication, he has ADHD... if anything the father is in the wrong. He only wanted every other weekend with his son, not my choice. I'm not a bad mother, I have raised 5 children, this is my last, he is a momma's boy, he belongs with his mother that has taken care of him 10 years now.

Read your custody orders. A custodial parent is not to move a child out of state without permission from the non-custodisl parent AND the court.

You were wrong in doing what you did and, as Scott said, you face an uphill battle here and need an attorney to straighten this out.

Oh, and by the way, I am a mother with experience in this matter. Nothing Scott said was incorrect or prejudiced. His response was legally correct. It would be no different if you were the father rather than the mother.

I would like to add that not all people believe in medicating for ADHD. As a nurse myself, I don't necessarily believe in it, so you can't use that as an excuse.

No its not right that he is keeping him from his sister and you. And you should be able to change that. But whether they called it contempt of court or something else, that's what it was and that's why the judge had no choice. If you offered the father summers and it held our for alternate weekends you should have gone to court and proved to the court that moving was in the child's best interests. You didn't and lost your son because of it.

My advice still stands. Get an attorney who can guide you in the most effective way to get the court to change their ruling.

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Originally Posted by ScottGem

No its not right that he is keeping him from his sister and you. And you should be able to change that. But whether they called it contempt of court or something else, that's what it was and that's why the judge had no choice. If you offered the father summers and it held our for alternate weekends you should have gone to court and proved to the court that moving was in the child's best interests. You didn't and lost your son because of it.

My advice still stands. Get an attorney who can guide you in the most effective way to get the court to change their ruling.

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Thank you both, It is only a Temporary order any how, and yes I know I was wrong in doing so (taking him out of state) I agree, I have to put in a motion which the judge suggested, but wanted help in the motion. But thanks anyhow. BL-Florida. All I want is what is best for my children, If I lose in court, I WILL move back to NH, I can't be without my son.

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Originally Posted by J_9

I would like to add that not all people believe in medicating for ADHD. As a nurse myself, I don't necessarily believe in it, so you can't use that as an excuse.

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J-9? I don't use excuses for anything... my son has what he has and the father has never had to deal with it, His doctor is the one that told me he had ADHD... The father doesn't even believe in doctors... so if my son needs help Im going to take a doctors advise... Not his. No I don't believe in children taking medication, but I do myself, it works, and it helps my son.

Family Courts are pretty informal. So a simple letter to the court stating the reasons a) your son is better off in your primary custody and b) why moving to FL will be better for your son. You should also include an alternative visitation plan for the father.

If the court wants something more formal, then try checking with local law schools. Many have clinics that will help prepare motions and filings.

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Originally Posted by ScottGem

Family Courts are pretty informal. So a simple letter to the court stating the reasons why a) your son is better off in your primary custody and b) why moving to FL will be better for your son. You should also include an alternative visitation plan for the father.

If the court wants something more formal, then try checking with local law schools. Many have clinics that will help prepare motions and filings.

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Ok, Thank you Scott very much, I didn't do any of this to hurt the father what so ever... My sister kicked us out and we had NO where to go, My fiancé lived in Florida along with my best friend all there lives almost. So we went their. I want the father involved, I don't believe in just one parent unless, there is no choice in the matter. So, Thank you again very much. BL-Florida.