Legal Question in Family Law in Florida

I live in Florida. My original custody order states my ex is primary and I am secondary in regards to my daughter. She is 14. He moved Sept 2009 out of state. It was decided that she would stay w/ me for the school year and she would visit him on Christmas and Summer vacation. She left on 17 Jun to visit and he is not letting her come home. He said he doesn't care what she wants. I haven't been able to speak w/ her since the 17 of Jul. I have no idea what she want. This arrangement we have was never put in court documents. According to the custody agreement filed in Florida, I am to have her every other weekend, every other holiday and every other school vacation and 4 weeks in the summer. What are my choices?


Asked on 7/23/10, 5:56 pm

1 Answer from Attorneys
Carmen Demapan Blind Ear Law Group, PA.

If you want to modify your final judgment re: custody then you would need to file a Petition for Modification of Custody. Otherwise, if there are days that you are missing because he is refusing to have her see you then you can file a Motion for Contempt against him. This would have the Court order him to release her back to you and you can request compensation for attorneys fees and costs for his failure to return her to you for your visitation days per the Final Judgment. If you need further assistance, do not hesitate to reach me directly. Best of luck!

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Answered on 7/24/10, 6:37 am


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