Legal Question in Family Law in Florida

My ex husband and I have joint custody. He has 128 overnight visits per year which I believe makes me the custodial parent. During the summer we have each have 2 weeks on and 2 weeks off for 12 weeks. during his last two weeks this summer he decided to take her to Chicago(we live in Florida) on vacation. He "gave me a heads up" less than 48 hours before they left and has refused to give me any information about what flight they wil be on returning or when they are returning or where they are staying. My 3 year old child is very attached to his big sister and has a hard time when she is gone for so long. I attempted to make a phone contact schedule for when she is with him. I asked if I could call every other day and speak to our daughter for a few minutes so her her brothers can say hello and tell her they love her. He let me speak withher twice and said that I shouldn't call again unless it's an emergency. He stated that it stresses him out and he doesn't need someone always checking up on him. My question is do I have any cause to file a contempt against him? My custody arrangement does not state that he has to have permission to take her out of state. Nor does it specify any thing about being able to contact her while he has her.

Asked on 8/17/13, 3:31 pm

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

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If the Final Judgment does not require him to seek your permission prior to removing her from the state, then you would not have cause to file a motion to find him in contempt of court, since he would not be violating the judge's orders.

If this is an issue that concerns you, you may want to try to have your Parenting Plan modified to include language related to out of state travel and contact with the child.

Answered on 8/17/13, 3:38 pm

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Brent Rose The Orsini & Rose Law Firm

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You are not the "custodial parent"; you are a parent with parental responsibility. You must each parent your child together. It would be nicer for him to give you more than 48 hours notice of an out-of-state trip, and it would be nice for him to allow you to speak with your child more often (especially at your son's age), but, I guess by what you say, it isn't in your agreement. He does, however, have to let you know where your child is staying, especially when your child is out of state.

But that's not enough for contempt. And it's not, as Mr. Buckley suggests, enough to have your agreement modified, at least not without your ex's consent.

It sounds like you have a poorly-drawn agreement (didn't you have a lawyer?). Try to discuss your concerns with your ex. You made a child together, hopefully he'll understand your concerns in not speaking with your child more than twice when your child is away for two weeks. I agree with your position, but legally there is nothing you can do about it.

Answered on 8/18/13, 5:36 pm

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