Legal Question in Family Law in Florida
Child Visitation & Support
My parents seperated in Feb. this year. There is only 1 minor child left. There is no court order however, my parents have agreed upon visitation. Currently the visitation schedule is that my brother sees my dad every other weekend. Friday pm to Monday am. My brother (17) has confided to dad that he would like Rotating Visitation with our parents. 2 consecutive wks w/ mom and dad. He is currently living with mom. My brother is afraid of telling my mom his decision because he fears reprecussions from her. Can my brothers wishes be granted without him seeing a judge? I would also like to know how that kind of visitation would affect child support. My mom just filed for a DOM w/ CS and possibly ALM. Also, my mom came into a workmans comp settlement. (10G) Can my dad use this as leverage in his ALM case? I just wanted my dad to have a heads up on the visitation and ALM in court if he attends pro se. Thank you for your time.
1 Answer from Attorneys
Re: Child Visitation & Support
The judge may talk to your brother, but it isn't likely. The visitation wont change unless the judge or your parents say so. Like most kids, he probably wants things to be "fair." Since he's 17, the judge will probably let him do what he wants. With younger kids, judges usually but listen, but with 17-year-olds, judges usually say, "They're going to do what they wany, anyway."
However, if your parents have agreed on the visitation, then that's probably the way it will be. An even split of visitation could possibly drastically reduce the amount of child support your mother gets.
Some kinds of alimony could be affected by the workers comp settlement, but if your mother is looking for standard lifetime alimony, I doubt that $10k will have much effect.
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