Legal Question in Family Law in Florida
Father has time limited visitation with our son. Son does not want to spend time with him due to the awful things that happen to him at the fathers house. A judge has said if my sons therapist says it is not a good idea at this time then how do I go about getting the visits stopped without getting myself in trouble. My son suffers from PTSD. HE IS ONLY 8 and has a heart of gold. We need HELP!!
3 Answers from Attorneys
You will have to have the therapist testify and file an emergency motion.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
You need to pursue an emergency motion to suspend the father's time-sharing. I agree with Mr. Smitten that you would likely need to have the therapist testify at the hearing.
You should retain an experienced family law attorney asap. Don't schedule this for a hearing, and then retain an attorney just before the hearing.
I practice throughout the Greater Tampa Bay Area.
Hello: I read answers provided and would add the following. Our judges are specific on what they consider as an "emergency." They consider emergency to involve imminent danger to a child. If this is the case, you can file a Motion as an emergency. If not, you simply file a Petition to Modify the time sharing/parenting time. You would get a hearing and present any evidence you have, including any expert testimony.
If my office can be of any assistance, please give us a call. Tom Rosenblum
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