Legal Question in Family Law in Florida

I live in Brevard County Florida. My son (8 yrs old) has starting coming home from visitation at his fathers stating that they participated in different activities that are illegal, and can be dangerous... Can I withhold visitation? Or what can I do to protect my child from these situations?


Asked on 3/19/12, 10:40 am

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

If you have concerns about what is going on, you need to file a Supplemental Petition to modify the time-sharing and visitation arrangement. Courts do not favor parties that rely on self-help to modify custody and visitation orders.

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Answered on 3/19/12, 11:04 am
Brent Rose The Orsini & Rose Law Firm

You should not withhold visitation without speaking to a lawyer first. Withholding visitation places you in contempt. If his father is placing your son in dangerous, illegal situations, you should call DCF or the police, and consider speaking to an attorney about filing a supplemental petition to modify timeshare.

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Answered on 3/19/12, 11:23 am
Lucreita Becude Lucreita D. Becude, P.A.

I believe my colleagues have answered your question correctly. The only thing I can add is definitely do not stop visitation without evidence. If you are placed in contempt of court, this would do little to protect your child.

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Answered on 3/19/12, 12:45 pm


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