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beeg09 · Jul 20, 2012, 09:26 AM

My boyfriend has 2 children. They were born in Ohio. Recently his kids mother took the kids to Florida to live. She made him sign an agreement, while in the airport in Florida, she would not let them come with their father unless he signed the document. Now she has been cutting down the time he can see them. Its now 2 months out of the year. Also will not let him get the for holidays or birthdays.
How hard would it be to get custody of the children?

JudyKayTee · Jul 20, 2012, 09:37 AM

Originally Posted by beeg09

My boyfriend has 2 children. They were born in ohio. Recently his kids mother took the kids to florida to live. She made him sign an agreement, while in the airport in florida, she would not let them come with their father unless he signed the document. Now she has been cutting down the time he can see them. Its now 2 months out of the year. Also will not let him get the for holidays or birthdays.
How hard would it be to get custody of the children?

What did he sign? What did the document say?

If he can prove she's in violation of a Court Order OR he can prove she's unfit he can file for custody.

Of course, he can ALWAYS file for custody.

ScottGem · Jul 20, 2012, 09:40 AM

Whatever he signed has no force of law.

The questions that needs answering are a) is he the legal father? b) has there been any court orders for custody or visitation? c)how long ago did they move to FL?

Answer those questions and we can advise his next steps.

Fr_Chuck · Jul 20, 2012, 09:43 AM

Some silly paper signed at a airport, unless it was a court paper that was filed and approved by a judge is not worth the time to sign it, it is a bluff to control him and he believed it.

He needs to get his rear into court for a court order for at least court ordered visits.

beeg09 · Jul 20, 2012, 01:16 PM

Yes he is the leagal father. The document was a vistitation agreement. They moved to Florida 2 years ago. The document went through her lawyer but he was tricked into signing it.

Thank you guys so much

JudyKayTee · Jul 20, 2012, 01:19 PM

Originally Posted by beeg09

Yes he is the leagal father. The document was a vistitation agreement. They moved to florida 2 years ago. The document went through her lawyer but he was tricked into signing it.

Thank you guys so much

I wasn't sure what the document was or how binding it is - was it witnessed/notarized? Who watched/saw him sign, witnessed or notarized it?

And what does it say about visitation/custody and all of that.

beeg09 · Jul 20, 2012, 01:24 PM

No one witnessed it and it was never notarized either.

Originally Posted by JudyKayTee

I wasn't sure what the document was or how binding it is - was it witnessed/notarized? Who watched/saw him sign, witnessed or notarized it?

And what does it say about visitation/custody and all of that.

ScottGem · Jul 20, 2012, 01:28 PM

Originally Posted by beeg09

Yes he is the leagal father. The document was a vistitation agreement. They moved to florida 2 years ago. The document went through her lawyer but he was tricked into signing it.

Thank you guys so much

Not quite answering my questions. Were there any court orders previously? Was a custody/visitation order done in Ohio? What were the full circumstances of this signing and how long ago was it?

Bottom line here, is if there was no custody or visitation orders done in Ohio, then FL now has jurisdiction. So most likely he would be forced to file in FL courts. And that's what he has to do. He has to file for custody and visitation. They will bring up this document that he signed and he can argue that he signed it under duress and that he wants the court to order visitation.

beeg09 · Jul 20, 2012, 01:31 PM

My boyfriends chidlren live in Florida and we live in Ohio. In their agreement it states that the pick up dates all falls when they go back to school. If they start August 8th . Can she make him give them back on August 1st.

beeg09 · Jul 20, 2012, 01:37 PM

There were no previous orders only child support in Ohio.. when they went to court the judge told him to handle it through her attorney. The document that he was tricked into signing was filed in the court but he didn't have to go back through the court. The case was dismissed

Originally Posted by ScottGem

Not quite answering my questions. Were there any court orders previously? Was a custody/visitation order done in Ohio? What were the full circumstances of this signing and how long ago was it?

Bottom line here, is if there was no custody or visitation orders done in Ohio, then FL now has jurisdiction. So most likely he would be forced to file in FL courts. And that's what he has to do. He has to file for custody and visitation. They will bring up this document that he signed and he can argue that he signed it under duress and that he wants the court to order visitation.

ScottGem · Jul 20, 2012, 01:56 PM

What case was dismissed? What court ordered issued the support order? In what court was the case dismissed?

Remember you know these details, we don't so you have to explain fully!

beeg09 · Jul 20, 2012, 02:01 PM

Hamilton county Ohio. Dismissed the case. And the visitation schedule was filed as a result of the dismissal from the court? Hamilton also ordered the child support order. Also another question they are suppose to go back to school on the 8th what is the apporiate date for them to go back?

Originally Posted by ScottGem

What case was dismissed? What court ordered issued the support order? In what court was the case dismissed?

Remember you know these details, we don't so you have to explain fully!

beeg09 · Jul 20, 2012, 02:03 PM

Her attorney filed the visitation schedule . At the dismissal

Fr_Chuck · Jul 20, 2012, 02:22 PM

If it does not say, then both parties have to agree and work it out, if they can't agree, the returning party can wait till the day before if they want to. If both parties are not getting along, back to court you go to get it cleared up, such as 3 days before, or one week before.

ScottGem · Jul 20, 2012, 05:12 PM

I'm not getting a clear picture her, mostly because you are giving us info piecemeal. Were they married? So Ohio issued a support order. Again WHAT case was dismissed. And Why? And if the lawyer filed the visitation agreement did the court accept it? What school are they supposed to go back to?

Help us help you here!

beeg09 · Jul 20, 2012, 07:39 PM

They were never married. The custody case was dismissed by their her attorney while filing the visitation schedule she had him sign.they are suppose to go to school in Florida.

Originally Posted by ScottGem

I'm not getting a . clear picture her, mostly because you are giving us info piecemeal. Were they married? So Ohio issued support order. Again WHAT case was dismissed. And Why? And if the lawyer filed the visitation agreement did the court accept it? What school are they supposed to go back to?

Help us help you here!

ScottGem · Jul 20, 2012, 07:59 PM

A case is dismissed by a judge not an attorney. Do you understand what has really happened here? I think your boyfriend needs an attorney to unravel this.

beeg09 · Jul 20, 2012, 08:12 PM

This is the whole story.

Her attonery filed a motion for dismissal and it was granted. She took them from Ohio to Florida, they went to court a few times and was still fighting when she agreed to let him come get the kids, when he got down there she told him the only way he could get his kids is if he signed the visitation schedule. He signed it to get the kids, it was not notarized or witnessed. Her attorney filed the motion to dismiss the case and attached the visitation schedule to it then filed it. The visitation schedule says he should have the kids June July and August. Last year we had them from April to August now this year he only got them till aug. 1st .she said that she was coming to get them on the 1st and there was nothing he can do about it. She didn't let him know that she was coming to get them that soon till yeaterday.

QUOTE=ScottGem;3203517]A case is dismissed by a judge not an attorney. Do you understand what has really happened here? I think your boyfriend needs an attorney to unravel this.[/QUOTE]

AK lawyer · Jul 21, 2012, 01:38 AM

Originally Posted by beeg09

This is the whole story.

Her attonery filed a motion for dismissal and it was granted. She took them from ohio to florida, they went to court a few times and was still fighting when she agreed to let him come get the kids, when he got down there she told him the only way he could get his kids is if he signed the visitation schedule. He signed it to get the kids, it was not notarized or witnessed. Her attorney filed the motion to dismiss the case and attached the visitation schedule to it then filed it. The visitation schedule says he should have the kids june july and august. Last year we had them from april to august now this year he only got them till aug. 1st .she said that she was coming to get them on the 1st and there was nothing he can do about it. She didn't let him know that she was coming to get them that soon till yeaterday.

Originally Posted by ScottGem

A case is dismissed by a judge not an attorney. Do you understand what has really happened here? I think your boyfriend needs an attorney to unravel this.

Since the case was dismissed, there is no court order in effect. Nothing. One wonders what her attorney was thinking.

A signed agreement is not a court order. But if he were to violate the terms of that agreement, and she were to sue for custody, I'm inclined to believe that the terms of the agreement would be persuasive.

ScottGem · Jul 21, 2012, 05:45 AM

Originally Posted by beeg09

This is the whole story.

I'm still seeing some gaps here

Originally Posted by beeg09

Her attonery filed a motion for dismissal and it was granted.

Dismissal of WHAT? Custody, visitation, what? And what grounds were there for a dismissal and why was it granted.

Originally Posted by beeg09

She took them from ohio to florida,

If there were no pending case that gave your boyfriend custody or visitation she was free to move.

Originally Posted by beeg09

they went to court a few times and was still fighting when she agreed to let him come get the kids, when he got down there she told him the only way he could get his kids is if he signed the visitation schedule.

When to court where and why? If the case was dismissed then what was there to go to court about? If your boyfriend started a new case, what was it about?

Originally Posted by beeg09

Her attorney filed the motion to dismiss the case and attached the visitation schedule to it then filed it.

Again, WHAT CASE?? It sounds like a case for visitation and the attorney asked for dismissal showing the signed agreement as proof that they have settled. If that's the case, then this agreement has the force of law.

Originally Posted by beeg09

The visitation schedule says he should have the kids june july and august. Last year we had them from april to august now this year he only got them till aug. 1st .she said that she was coming to get them on the 1st and there was nothing he can do about it.

And this is where it might backfire on her. If the Agreement specifies that that he gets them through the end of August, then if she is going to pick them up earlier, she has to go to court and request a modification of the agreement. If she tries to pick them up earlier he can refuse citing that the agreement states he has them until the end of August. If she tries to take them, he can call the police and show the agreement.

On the other hand. If the agreement states that he has them until school starts, then he should confirm that school start on Aug 8 but if it does, then he has to give them back. Even if the agreement states through the end of August, if school does, indeed start on Aug 8, then I would return them because it would not be in the children's best interests to miss school.