Legal Question in Family Law in Florida
Father's Visitation Rights
I dated a girl, got her pregnant, and we share a child. I pay child support, and the mother took me to court for more money. In the court, the judge only inquired about our visitation situation, we both said that the situation was a verbal agreement of when I get visitation, and we told her what that schedule was. The Judge said, ''That's fine,'' when informed of the actual schedule, however, the only paper work I left there with dealt with child support. For a while things were fine, but now the mother isn't home when I come to pick up my daughter, and she won't tell me where my daughter is and says she won't let me have her. My question is, is she frustrating my visitation rights? I have no court order papers for visitation to battle her with, so I can't call the sheriff at the time of the incidents. Her excuse for not sharing my daughter is that my 4 yr old child sleeps with me in my bed during visitation, is that wrong, and can the court decide that my daughter can't stay the night with me without providing her own room and bed? If so, would it count if I gave up my room to my daughter for the weekend and I slept on the couch?
1 Answer from Attorneys
Re: Father's Visitation Rights
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.
A court may very well have a problem with a 4 year old girl sleeping in the bed with her father. You need to make alternative sleeping arrangements for her. Your sleeping on the couch may resolve the issue but that is not a sure thing.
The mother has to allow you to visit with the child. If you went to court, she would be ordered to do so, but without proper sleeping arrangements overnight visitation might not be allowed.
Scott R. Jay, Esq.
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