Legal Question in Family Law in Florida
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My husband lives in pa and his kids live in Florida. The mother has refused to let my husband talk to his children and she has since had her phone and cell phone disconected.
My husband thru the florida divorce dree has visitation rights and no he has no way of getting ahold of his children. Is there anything we can do? Can he file any papers for custody because she has done this?
1 Answer from Attorneys
Re: Help
The Courts in Florida require all parents to keep and open and continuous dialogue with each other regarding their children. Further, the custodial parent is required to make his or her telephone number available to the non-custodial parent in order to allow the parent and child to have constant communication with each other. The actions of a parent in failing to encourage a warm relationship with the non-custodial parent may be held against the custodial parent in a court hearing to determine a motion to change the custodial parent. Likewise, if either parent derides the other, this will be taken into consideration.
I would suggest that your husband have his attorney file a motion to require the former wife to divulge all pertinent information including her address, telephone numbers, and anything else he deems important. If the Court orders her to do so and she fails to comply, she could be held in contempt of court. A motion to have your husband designated as the new custodial parent might be proper at that time.
This is a serious legal matter and I strongly advise you to consult a qualified Florida domestic relations attorney to discuss the specifics of your husband's matter.
Scott R. Jay, Esq., 305-249-8000