Legal Question in Family Law in Florida
Ex-husband not complying with divorce decree
Me and my husband have had a very amicable divorce for 9 years. We have joint custody of both children with no primary parent. I get the kids half the week and he gets them half the week. He lives only 1/2 mile from me. We have always gotten along. Our divorce decree states that I get the kids 1 weekend a month. I never enforced it because the kids were young and I wanted them on the same schedule so as not to confuse them. They are now 17 and 14. I am occasionally of on a weekend day and have asked to have them. My ex-husband's new wife informed me that I HAVE to work weekends every week and that I CANNOT get them on weekends at all. I called him and he won't stand up to his wife because she will leave him if he does. I want to stand up for my rights as clearly stated in my divorce decree. What do I need to file in court to have this happen? I am the main support of the children. There is no child support either way and I pay for everything because he has no money. I have never had a problem with that but now that he's being a jerk I'm beginning to think I shouldn't have been so nice all these years. What do you suggest?
1 Answer from Attorneys
Re: Ex-husband not complying with divorce decree
If he truly doesn't want to discuss the situation with you, I suggest just keeping the kids on your scheduled days. If he retaliates, then I would file a motion in court.