Legal Question in Family Law in Florida
My ex-husband is moving 160 miles away due to a job transfer. He is a correction officer and will be housed on prison property. He now wants to modify our time-sharing agreement and it scares the heck out of me to think my daughter will be living on a prison compound and being subjected to that atmosphere, I fear for her safety. What options do I have, this is a juvenile prision for girls ages 14-21, they maintain the property and area around the employee housing. I'm really scared for my daughter and she doesn't want to go, she's 14.5. Any suggestions?
2 Answers from Attorneys
Any change , unless there is a written agreement signed by both parties, must be ordered after a trial on a Petition to Modify. Your Zip code indicates you are in Brevard County, such a trial usually takes about 9 to 15 months. The statute and the court will not consider your daughter's desires, she has the same rights as a dog or cat. I hate to say this but the Father has the right to reasonable visitation; unless there has been a documented history of problems against visiting family members the court will more than likely grant a request to change the time sharing. You may be scared and fear for her safety (perfectly reasonable) but the judge will require specific examples.
I agree with Mr. McCall however, your daughter got this information to be scared from where? Sometimes parents make an issue in front of the children who then turn it into a mountain in their mind. Your daughter will be perfectly safe and may learn some valuable lessons as to life and the consequences of your choices.