Legal Question in Family Law in Florida

custody modification

My custody arrangement states that visitation is allowed at any time as long as the child remains in the same state as me (the mother) during the visitation until the age of 5 after which his father gets him for 2 weeks during the summer, in Texas, and rotate holidays as can be afforded. My son is almost 4 and his father is making plans to take him next summer when he is 5. The problem is that he has not seen him this whole time and does not plan to before he comes to take him 1200 miles away from home, so my son has no idea who this man is and I don't think that he will be o.k. with this arrangement. I know that his father has rights but I do not feel that letting a virtual stranger take a 5 year old child that far from home is in his best interest , father or not. I need to know what legal options I have for ammending the custody agreement. What can I ask to change that I'm likley to get a judge to agree to?


Asked on 1/30/07, 11:58 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: custody modification

I would think a modification is in order, requiring him to come to Fl.

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Answered on 1/30/07, 12:26 pm
Marie-Anne Oatley

Re: custody modification

This sort of arrangement is not uncommon. Because the child doesn't see the non-custodial parent throughout the year is not in and of itself a valid reason to deny the agreed upon summer visitation. The courts tend to favor contact with both parents. Unless you can show that it would be quite detrimental to the child, in my opinion, a modification of your decree is going to be difficult to obtain on these facts.

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Answered on 1/30/07, 2:32 pm


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