Legal Question in Family Law in Florida

child custody

How old does a child have to be before they can say they do not want to go to the other parent's home on his weekend? Also if he does not get them on the friday of his weekend, can he then say when he is going to get them? Like Saturday morning or that afternoon, I just feel like his baby sitter.


Asked on 1/04/07, 9:17 pm

1 Answer from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: child custody

Your visitation should be pretty specific about visitation times. the Court expects the two of you to be reasonable with each other, but that does mean you at his beck and call. Tell him your kids will be ready at the start time of visitation, and tell him you expect him to be there. If he consistently tells you that he might not be there til sometime Saturday, tell him you and the kids aren't going to be there "sometime Saturday". You are not the kids babysitter.

The father has a right to visitation according to the Order. If your kids are young, etc., they get no say. If your kids are 17, you should listen to them, but their decision has NO legal effect on whether the father gets them for his visitation. If your kids are adamant about not going with him, it might be more serious than just your kids going thru a phase. Consult an attorney.

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Answered on 1/05/07, 4:03 pm


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