Legal Question in Family Law in Florida

My husband was served a petition today to modify the dissolution of marriage with his former wife and is also requesting sole parental responsibility (instead of their current shared parental responsibility). She also wants to change the visitation schedule to not allow us to have custody during any of the holidays because we dont celebrate them. And she wants the court to enforce us taking the child to extracurricular activities which interfere with the routine we have with our son and other religious activities we do with the child during those times. She is basically discriminating against us because of our religious beliefs and is doing everything she can to remove the child from our home so she wont be involved in our religious practices, which the child has expressed desire to do. Does she have any rights?


Asked on 11/23/10, 5:05 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

You can not modify a dissolution of marriage. You can modify visitation. So which is it.

I believe it is modification of visitation rights - so.... unless he responds and a hearing be held, then she will probably get what she wants. Depending on the age of the child will also impact a hearing. If the child is old enough, you could have the child testify at the hearing. If you don't celebrate holidays, then it would make sense for her to celebrate them with her child - after all she wants the child of young years to see both sides and be well rounded in each religion - I take it she is not of the same faith as you. As to school activities - these are good for the child since you don't want him autricized for not participating with class mates. These are definitely hard years. As to your question - does she have any rights? Really! ? She gave birth to this child - yes she has rights

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Answered on 11/29/10, 7:39 am


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