Legal Question in Family Law in Florida

I was divorced in 2006 in FL through a mediation reached settlement agreement. My ex-wife and 4 year old son live in NC by my allowing her to move out of state as I continue to reside in FL. The timesharing agreement states "when mother relocates: the father will have the ability to have the child for a three day weekend each month throughout the school year" Recently I asked for visitation for 3 weekdays coming up at the end of April. She gave me 1 weekend in early April I could have him and told me that my 4 yr old is unavailable from April 12th - end of May. My request was for 3 weekdays which there is nothing stipulated. If I go to his daycare (she is primary custodian) and pick him up at the beginning of day and bring him back at end of daycare, are there any legal implications for my action? I pay 1/2 of all expenses for my child including daycare. She exploits the ability to dictate and limit my visitation. Is there a way for me to file paperwork to have that mediation settlement agreement modified without incurring new legal representation or returning to prior counsel as I was not pleased with prior counsel. Please advise.


Asked on 2/09/10, 3:27 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

You're not asking for what you agreed to. You're asking for weekdays and you are entitled to weekends. Ask for exactly what you are entitled to, and ask for it in writing. If she denies you, file a motion for contempt against her.

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Answered on 2/14/10, 4:00 pm


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