Legal Question in Family Law in Florida
"Florida. According to my final judgment (2006), I was awarded primary custodial and residential parent. I'm assuming the residential part means where the child lives most of the time. But what about the part that says primary custodial? Currently my ex has restricted visitation. Not sure what that means or if it means I have sole custody?
The reason I ask is because I just filed a supplemental petition to modify parent plan/time sharing schedule. My ex refused to take my daugher an extra 20 minutes twice a week so I could secure full-time, outside employment. If this new parent plan is ordered by the court, does that mean he is responsible for taking her the extra time? Presently he has her two nights a week.
Now that the laws recently changed in Florida and is shared parenting, does that mean that he automatically gets his restricted visition removed? If this does turn into shared parenting, does that mean he has to take her more?
He is fighting the petition and doesn't want to take her during times I have offered (alternating holidays, alternating weekends and 1/2 of winter and summer school breaks).
Also, what are his decision making rights as a NCP with restricted visition? Do my decisions overrule his?"
1 Answer from Attorneys
You actually want your child less? That is unusual. Shared parental responsibility has been the law in Florida for a long time -- and long before 2006. Custodial parent means you have primary custody and your ex gets only limited visitation. If you wantt to give up more time, the judge may give him custody and have you pay support. Then you could have limited visitation and you won't have a problem with your job.
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