Legal Question in Family Law in Florida

Family law question

I have a three year old daughter and my ex and I recently settled on visitation and child support (around April) Child support included a good portion of daycare, she has since been married and taken my daughter out of daycare is there anyway to modify this since she took her out so soon after we settled? Also she has my daughter calling her new husband Daddy, and since I only see her every other weekend I can't stop her, is there anyway I can have the court compell her to stop doing that?


Asked on 9/23/07, 4:05 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Family law question

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You need to go back to court and bring this to the Court's attention. The earlier order was based on a representation that the child would be attending daycare. If the child is no longer attending daycare, this is a material change that would warrant an amended order and recalculation of the amount of child support.

Neither parent is allowed to do anything that would interfere with the other parent's relationship with the child. The mother should be expressly prohibited from advising the child to call her new husband "daddy" or any variation thereof. The ex wife should do nothing to encourage any alienation of the child's affections for you. Frankly, if she persists, this would be enough to have some judges reconsider who is better able to serve as the primary residential parent.

Scott R. Jay, Esq.

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Answered on 9/23/07, 10:36 pm


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