Father trying to keep his kids from being relocated to another state

Chad

In the Melbourne area, there's a local amazing artist that paints ocean and surf art - Damien Share.

Short version is he's been an active dad that loves his kids like we all do. His ex-wife won in court to RELOCATE THEIR KIDS 900 MILES AWAY. He's trying to fight it as you might try and imagine. Solid guy and father. Unthinkable, unbelievale and UNACCEPTABLE.

http://www.gofundme.com/747d8o

Mackeral Snatcher

More info?

Demere

Options - appeal(15-25k and 1.5-2 yrs to complete with a 90% chance of failure). Option 2 - he moves to where ever his children are. Nobody likes to move for reasons like this but the "I can't move because of my job, etc" is BS. You've got to make a priority decision. What keeps you here vs being Dad. If it were me I'd already be packing.

Lunch Money Surf

What a nightmare... I have met Damien, he's an amazing artist.

NOLE66

Chad wrote: »

In the Melbourne area, there's a local amazing artist that paints ocean and surf art - Damien Share.

Short version is he's been an active dad that loves his kids like we all do. His ex-wife won in court to RELOCATE THEIR KIDS 900 MILES AWAY. He's trying to fight it as you might try and imagine. Solid guy and father. Unthinkable, unbelievale and UNACCEPTABLE.

http://www.gofundme.com/747d8o

I'm very surprised a family law judge allowed this. In Florida the limit to relocate without a hearing (where the parent that is relocating has the burden of proof that the move will greatly enhance the quality of life for the children, is in the children's best interest and will not impede the relationship between the children and the non-relocating parent) is 50 miles from the original location (place of residence when the divorce decree was finalized.
From the info you included I find it extremely hard to believe the judge followed any of these statutes as it would be very easy to prove that none of them would be fulfilled by a 900 mile move.

He has got to be crushed as I would be. The judge that allowed this needs to be changed and a new hearing held. Sorry to hear this.

Buford Cletus

Demere wrote: »

If it were me I'd already be packing.

Easy to say when its not you.

Demere

Buford Cletus wrote: »

Easy to say when its not you.

Yes - easy to say - hard to do. Again the question is one of priorities( being Dad vs everything else). For me it's always been "family 1st". Maybe thats why I've been married 40 years and still see my children and grandchildren at least weekly and usually a good bit more. Seems to me a good life is often hard.

jimmy77

Demere wrote: »

Yes - easy to say - hard to do. Again the question is one of priorities( being Dad vs everything else). For me it's always been "family 1st". Maybe thats why I've been married 40 years and still see my children and grandchildren at least weekly and usually a good bit more. Seems to me a good life is often hard.

The view must be nice from way up there...

SouthFloridaAngler

Lesson learned, don't marry a ****.

Gary S. Colecchio

SouthFloridaAngler wrote: »

Lesson learned, don't marry a ****.

Girl? Well, I guess that would be one solution.

haydenfox!#$

SouthFloridaAngler wrote: »

Lesson learned, don't marry a ****.

"Easy to say..."

I'm with Nole66 on this. I've been there...

Demere

NOLE66 wrote: »

I'm very surprised a family law judge allowed this. In Florida the limit to relocate without a hearing (where the parent that is relocating has the burden of proof that the move will greatly enhance the quality of life for the children, is in the children's best interest and will not impede the relationship between the children and the non-relocating parent) is 50 miles from the original location (place of residence when the divorce decree was finalized.
From the info you included I find it extremely hard to believe the judge followed any of these statutes as it would be very easy to prove that none of them would be fulfilled by a 900 mile move.

He has got to be crushed as I would be. The judge that allowed this needs to be changed and a new hearing held. Sorry to hear this.

Take a look at Florida Statutes 61.13001 (the Relocation Statute) for a list of the factors the Court must consider. We have no idea what the Judge in this case heard and can't, with any degree of certainty determine whether he committed error or not. Before 61.13001 we had the Florida Supreme courts decision in Mize vs Mize and relocation was liberally allowed. More and more we are seeing Appellate Courts reverse trial courts for allowing relocation. If the artist is still within the 30 day time period of if there is a Motion for Rehearing pending (or decided w/in the last 30 days) he might try talking to an Appellate specialist.

Chad

so your already packing to go sit in VA with a parenting plan that grants you 8 summer weeks with your kids. So you go and pick your kids up from school and she reports them missing and he's ****** (what you do to said girl). This **** (female body part) could call the cops and he'd be in trouble legally.

So you move to VA to sort this out in court while you cant see your kids per the current parenting plan. Its a joke. Its unthinkable. There ya go folks these are the MORONS that are out there day in day out making life altering decisions for families. I hope there's a bus in her (judge) near future.....

CaptTater

That's why the women get whacked

Typed while driving in traffic. Thank you for understanding any errors.
"toyotas aren't made for towing" - GToyFish

Popeye

a judge has ruled that my kids cannot ever harm me again too

Floyd

There seems to be an abundance of support for the father in this story. What do you suppose was presented to the judge in the first hearing that led him to allow the relocation? Maybe there were domestic issues, or the artist wasn't able to provide, or maybe the judge has a bias towards female custody? Who here knows?

Popeye

the artist wasn't able to paint a perfect picture

Chad

Floyd wrote: »

There seems to be an abundance of support for the father in this story. What do you suppose was presented to the judge in the first hearing that led him to allow the relocation? Maybe there were domestic issues, or the artist wasn't able to provide, or maybe the judge has a bias towards female custody? Who here knows?

Her (judge). That led her to allow the relocation. Valid question I have wondered as well. Anyone can go to the county website and see Damien has no arrest history whatsoever so that rules out any of those kinds of issues for anyone that would need to do that because you dont know him.

@ UP beyond what u think would be possible. She's been waiting nealry 2 yrs to get before a judge to get it fixed. So anything could have happened with Damine. bottom line is 1 single person is in control of ripping someone's life apart.

dragon bait

Demere wrote: »

Options - appeal(15-25k and 1.5-2 yrs to complete with a 90% chance of failure). Option 2 - he moves to where ever his children are. Nobody likes to move for reasons like this but the "I can't move because of my job, etc" is BS. You've got to make a priority decision. What keeps you here vs being Dad. If it were me I'd already be packing.

if the dude is a artist why can't he move? what kind of artist?

myjack

Is the judges name M. L. Rainman? If so.... I have extensive knowledge of this judge and her corrupt practices. Let me know how I can assist. I've been thru this similar circumstance and may be able to offer some guidance

Sent from my SAMSUNG-SGH-I747 using Tapatalk

Chad

dragon bait wrote: »

if the dude is a artist why can't he move? what kind of artist?

I think Demere is posting with conjecture and no one said anyone could not move, that I read. I am still waiting to hear Mr bags already packed answer how he would go sit in VA with a current parenting plan that legally states you get your kids 8 weeks in the summer. You have no choice but to adibe to that if the mom is that hostile. I'd like to hear what the options are. I hope I just dont know enough about it, but seems to me even if he moved with a parenting plan that states you get 8 summer weeks, you still would not be able to see your kids without getting before a judge again. Now you've got a Florida court parenting plan you're trying to deal with in court in another state. Sounds easy to me just pack it up, pack it in............


Have another buddy that the DOR got involved with his child support because they want all child support going thru them. He has every canceled check he wrote his ex-wife for the last 7 years. Every single one. The DOR garnished his wages, sent a letter saying they were going to suspend his DL and told him he is $3000 behind with no accounting justification. Just like that - wages garnished. He is trying not to have to pay for an atty becasue it is cut and dry - he has 7 yrs worth of canceled checks for every single month! He went to court yesterday....judge "oh you needed to petition this form and that form". She would not give him the credit because she questioned the SIGNATURE on the back of the check looking different then the ex's signature on the divorce decree!! On the check in the memo section he wrote "C/S". Judge said "Now I asuuuume that means Child Support". She would not give him the credit and said DOR will have to re-schedule a hearing. I am telling you from seeing numerous people go thru this it is stuff nightmare's are made of.

LODI QUACKER

It sounds like the things murder charges are made of!

Demere

OK Chad - I'll try. 1st - being a Dad isn't just about when you are with the kids (8 weeks summer for example). It's going to school activities, extracurricular activities, having your kids know you are actually there. You can do those things even when it's Moms time with the kids. There is so much more but the bottom line is that you have to be there (with your kids) to take advantage of that. When I was 15 I was (and still am) very much in love with the woman I've been married to for 40 years. Her father moved her to Louisana. I quit school, left home and moved to Baton Rouge, La. to be with her. Busted my tail working construction and got my GED. I made the highest SAT score in Florida that year and got a scholarship to U of F. When I say I put family 1st and that I would move to be near my kids - I'm not kidding - I've done it (and it's a good bit tougher when your 15). I'm not about finding excuses for why I can't get something done - I'll find a way. PS I've tried many relocation cases and more custody cases than I can count so I do know a little about the "realities" of these things.

jimmy77

Demere wrote: »

OK Chad - I'll try. 1st - being a Dad isn't just about when you are with the kids (8 weeks summer for example). It's going to school activities, extracurricular activities, having your kids know you are actually there. You can do those things even when it's Moms time with the kids. There is so much more but the bottom line is that you have to be there (with your kids) to take advantage of that. When I was 15 I was (and still am) very much in love with the woman I've been married to for 40 years. Her father moved her to Louisana. I quit school, left home and moved to Baton Rouge, La. to be with her. Busted my tail working construction and got my GED. I made the highest SAT score in Florida that year and got a scholarship to U of F. When I say I put family 1st and that I would move to be near my kids - I'm not kidding - I've done it (and it's a good bit tougher when your 15). I'm not about finding excuses for why I can't get something done - I'll find a way. PS I've tried many relocation cases and more custody cases than I can count so I do know a little about the "realities" of these things.

You must get nose bleeds from that altitude...

jad1097

Demere wrote: »

When I was 15 I was (and still am) very much in love with the woman I've been married to for 40 years. Her father moved her to Louisana. I quit school, left home and moved to Baton Rouge, La. to be with her. Busted my tail working construction and got my GED. I made the highest SAT score in Florida that year and got a scholarship to U of F. When I say I put family 1st and that I would move to be near my kids - I'm not kidding - I've done it (and it's a good bit tougher when your 15).

You had a kid when you were 15?

jad1097

Demere wrote: »

When I was 15 I was (and still am) very much in love with the woman I've been married to for 40 years. Her father moved her to Louisana. I quit school, left home and moved to Baton Rouge, La. to be with her. Busted my tail working construction and got my GED. I made the highest SAT score in Florida that year and got a scholarship to U of F. When I say I put family 1st and that I would move to be near my kids - I'm not kidding - I've done it (and it's a good bit tougher when your 15).

You had kids when you were 15?

Popeye

jad1097 wrote: »

You had kids when you were 15?

You had kids when you were 15?

Chad

jimmy77 wrote: »

You must get nose bleeds from that altitude...

no doubt....right....I had some legit legal curiosities for this poor man regarding parents rights being in one state (VA) with a parenting plan from another state (FL) limiting your time to 8 summer weeks...but I get it....mr dive deeper and come up faster has all that relocation experience. Maybe demere you can help pro-bono....over and out on this one.....hopefully Damo got some donations from this post and it was worth the time to post.....

stc1993

It seems to me the judges give the women an advantage on child support. I had a friend that had 2 kids the judge gave the wife child support that there was no way he could afford, plus he had to keep up their health insurance. He told me the judge told him to get 2 jobs. I don't know if it's true I wasn't there.

NewberryJeff

It's called winning at MANopoly. The women get your kids and your money + the "justice" system gets nearly unlimited income.
It must really be disheartening to work hard to send money to a jackal who is spending your kids' money on thier new man and his toys in another state.

cadman

Chad,
I can appreciate your wish to help the man, but unless you can provide some documentation that supports his side of the story, why would anyone wish to donate to his cause. You need to find some objective reporting on why the judge made the decision. It would be a shame to support the guy and then find out there was a legitimate reason and people were supporting the wrong side of the issue.

I knew a guy who never saw his kids but claimed he was a loving caring father when his ex-wife wanted to move for a better job just to get back at his ex. He failed with the judge also.