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Old 09-01-2015, 01:06 PM   #1
in the middle Male
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Default Advice or info needed on a parent plan

Hey all,

Ok so I am the boyfriend in this situation and am looking to help my girl with parenting issues. We are together almost 3 years now and hope to marry next year so I'm in this for the long hall!.

The situation:
7 year old boy
17 year old girl
They were never married

My girl and her ex have a parenting plan in effect but here is the kicker. The ex lives in California, me and my girl live in Florida and for some odd reason they filed the parenting plan in Arizona. My girl did live there but the ex new she was moving to Florida before the plan was finalized. Why it wasn't filed in Florida or California is a mystery.

Okay so it's been almost 3 years since the plan was filed and so many things have changed and need revision. The 17 yr old daughter used to live with us but now lives with her dad. Among other ridiculous things in the plan the dad put in that mom needs to have the kids skype with dad 4 times a week. Me and my girl have tried to comply but it is just so intrusive and the dad acts like a 5 year old and won't stop calling, texting.

Child support issues need to be changed as well as other important factors.

What would be the best course of action? Should my girl first try motioning Arizona to move the agreement to Florida and then make the changes or simply write up a new agreement and file it in Florida where she needs to?

Thanks and if you need more info just let me know as well as if I am in the right forum for this discussion.

Thanks
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Old 09-01-2015, 02:05 PM   #2
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Default Re: Advice or info needed on a parent pl

Hi In the middle,

Due to the residency change with the 17 year old, that's a clear "change of circumstances" that would warrant filing a modification.

As to jurisdiction--I'm not sure how to answer that, and I think you should probably talk to an experienced family law attorney (usually initial consult is free) to get an idea of what you should do.

My ex is like that with phone calls--pain in the arse!!! But for now, do your best to follow the order, until you can come up with a different arrangement.

You don't want to be in contempt, so if for some reason they can't do a skype, i hope your girlfriend can let him know in advance (in writing--email/text), and provide an alternate time, so that at least you have documentation that you're trying to work with him.

Good luck and welcome to SFV!!
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Old 09-03-2015, 11:12 PM   #3
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Default Re: Advice or info needed on a parent pl

Your girl needs an attorney as some complicated jurisdictional issues are involved. The reason that it would have been filed in Arizona is because she would have had to have lived in Florida six months before she could have filed in Florida due to a federal law called the UCCJEA.

She can change jurisdiction because no parent, nor child lives in AZ any longer. She is going to have to get an exemplified copy of the file and have it sent to Florida, where she will have to register the judgment as a foreign judgment. From there she can file a motion for a modification.

You won't get skype taken away. Sorry. Dad lives a long ways away and this is what courts do. Period. they don't have to be long calls due to the age of the child, but my experience has been too bad so sad. It is not what is in the best interest of you and your girlfriend -- it is in the best interest of a small child to have familiarity with his father and cannot have that due 3000 miles separating them.

The older daughter living with dad is a change in circumstances.

My advice is that you need a lawyer. Period. I am one in another state and the worst mistake people make is trying to do something complicated like this on their own.

Now, for my 2 cents that were unasked for and unsolicited. I know you are helping your girlfriend and that is great. However, when she goes to court, take a backseat and let her handle this. Let her handle her ex. Courts take a VERY dim view of new partners stepping in. I have had more than one judge sternly state to a new partner that they are not a parent, and not a party to the situation so to ____ out. Don't get caught in that.
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