Petition for full custody

[Kalynsilvia]

If the childrens father petitions for full custody, child support, and for the mother to pay his attorney fees and then the father ends up canceling the court date. Is that kind like him relinquishing his rights?

[Attorney Allison Belcher]

No, it doesn't relinquish his rights, however, I do not understand what you mean about canceling a court date? The final hearing? or did he voluntarily dismiss the petition?

Attorney Allison Belcher, Esq.

[Kalynsilvia]

This happened two years ago. Where he petitioned for full custody. I had a letter come in the mail with a court date for April 1, 2008. Two days before we were to go to court for the custody hearing the father had cancelled the court date saying that we were reconciling, which was not the case. If he was the one that made the initial petition and cancelled it, does that mean he gave up his rights. The father is making it difficult for me to leave the state now that I'm married and my husband is in the military and lives in another state.

[Kalynsilvia]

The childrens father and I were never married and he voluntarily dismissed the court date.

[Attorney Howard Iken]

In that case, he never established his rights in the first place. The father is back to where he was before he filed his case.

Attorney Howard Iken

[Kalynsilvia]

Well with that said do I still need a petition to relocate to be with my husband in another state, if the childrens father cancelled the court date?

[Attorney Howard Iken]

No, you do not need a petition to relocate because there is no existing order restricting relocation.

[Kalynsilvia]

so if there father decides to take the child custody back to court i would have to come back to florida for all that then? He had filed two years ago so the petition isnt any good, they said its goood for a year to open the case back up. i dont want to move all the way to WA just to have to come back..

[Attorney Howard Iken]

Not necessarily. But it sounds like you really need to visit an attorney in both states, and have your situation looked at in detail. This forum is no replacement for a individual consultation.