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What do I do when my parental rights have been violated per the divorce proceedings and when my ex spouse has decided to move?

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My ex and I separated on May, 4th 2017. Our daughter was 6 months at the time. Fearing divorce, I never filed for legal separation. After our lease was up in December of 2017, She took our daughter to TN from FL. Three months later, she fraudulently filed divorce paperwork claiming to have been a resident for at least six months. I was passive and didn't contend the divorce in anyway and she was given a default judgment. Despite the absurdity of what she and her lawyer proposed as a parenting plan, she hasn't allowed me the time I'm supposed to have with my daughter. According to my understanding of the divorce hearing, the parenting plan was NOT court ordered and we should figure it out on our own. That was on Aug. 24th of 2017. My contact has been minimal and controlled since then and my ex is now moving to New York. I fear that at this rate and with my ex's controlling dictatorship, my daughter won't know me and I'll never be able to have my OWN relationship with her free from her mother's control and influence. Please help.

Attorney Answers

2
David Ristoff ·
It seems that you have a lot of work to do in order to gain a foothold in timesharing with your child. It is hard to answer your question because your Wife obtained a Final Judgment in Tennessee. You will need to contact an attorney in the county the Final Judgment was entered in Tennessee. In Florida you cannot obtain a default as it relates to timesharing. You should contact an attorney as soon as possible in order to begin the process of establishing a Long Distance Parenting Plan that is reasonable for you and your child.
0 upvotes
Lawrence Marraffino ·
Florida law does not allow a parent to move with a child more than 50 miles without getting court approval. You can attack what she did in TN on those grounds. This is pursuant to F.S. 61.13001. Lawrence J. Marraffino
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