Legal Question in Family Law in Florida
I have a 6yr old daughter. Her mother and I agreed to visitation at mediation. In which I'm suppose to start seeing my daughter in may 2013. But since I haven't paid 500.00 to her lawyer which yes I did agree she hasn't let me see my daughter. I haven't paid cause my wife lost her job and I'm the only one working at the moment. Can my daughters mom deny my visitation cause of my. I do pay my weekly child support .
4 Answers from Attorneys
She should not be withholding your time-sharing based on the fact that you have not been able to pay her attorney. The courts generally see the issues of time-sharing/visitation and the payment of monies owed as being separate. Even if you were not paying your current child support, she would not have the right to deny you time with your daughter.
Time Sharing / Visitation has nothing to do with debts or the payment of money. Your Judge should sanction her and give you make-up time.
Visitation (actually it's call "timeshare" in Florida) cannot be denied in Florida, regardless of whether the money is owed to her lawyer or her.
non-payment of monies is not a valid reason to deny contact with your child, you should file a motion to enforce your rights.