Legal Question in Family Law in Florida
child visitation
my ex wife refuses to honor my visitation rights. she refuses my proper days on a whim as an act of vindication against me. what is my proper course of action?
2 Answers from Attorneys
Re: child visitation
File a Motion for Contempt and schedule it in front of the General Magistrate assigned to your case.
Re: child visitation
Hello: You have a couple of remedies. One is to file a Motion for Contempt. There, you are asking the judge to punish her for violating the Final Judgment. You must be current with child support so you won't look bad to the judge. The usual ways the court punishes a party in this situation is to give you make up days for the missed visitation. The court would likely lecture her. The court may order her to pay all or part of your atty. fees.
You may also use this behavior against her to modify custody should you desire to do that. You could ask to be the primary residential parent or ask for more visitaion days. To change custody, you would need more reasons than the denial of visitaion (unless that was so flagrant) to show it is in the best interests of the child(ren) for a modification to be made.
'Hope this helps. If my office can be of assistance to you in North Fla., give us a call. Tom Rosenblum.