Legal Question in Family Law in Florida

modification change of circumstance

I currently have a court order that states that my minor children 4 years old and 10 years old my participate in all sports practice, games etc, just so long as it does not interfere with school or more than 40% of the primary residental parents time sharing. I am the primary residental parent. My ex husband has placed my oldest son in year round sports practices every day from 5:00 pm until 8:00 pm every weekend. He does not bring the child home until after his bed time (past ) 9:00 pm. My son grades dropped as a result. I have since not allowed him to utlize any porting of my time sharing. We have hot been given a court date yet, however he has filed an order to have the existing order enforced. Will I have a chance to change the current order due to the fact we do not live in the same city, the sports are in his area away from my residence and the child's school and he has violated more than his share of my time. He has been calling the police to state that I am not following the guidelines. The police are not able to make the right decession in this case. What advice can you give me? Desparently seeking help.


Asked on 8/16/08, 6:54 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: modification change of circumstance

You should have filed a motion to enforce when he first started violating the court order. You cannot change or enforce things without an agreement from the father on your own. At this point, all you can do respond to the motion and you better make it good becaus ehe has managed to turn the tables and put you on the defensive. Pointing the finger will not help -- this is the classic "two wrongs don't make a right". You shoud retain local counsel asap.

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Answered on 8/25/08, 10:18 am


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