Legal Question in Family Law in Florida
I was in prison for 1 year and during that time my wife got a divorce and the divorce papers stated that I had no visitation with my 2 children until a judge said it was o.k. I am in the process of filing papers for visitation and waiting for a court date. My question is if my ex-wife brings my kids over to my mothers house and I was to show up there and saw my kids would I be in contempt and get into trouble.
2 Answers from Attorneys
That is pretty risky if you have or will have a motion regarding visitation pending. The judge may see this as you trying to avoid the previous order. whether it is permissable wold depend on the precise wording of the order itself.
It sounds like your court order doesn't specify your visitation time but doesn't prevent you from seeing the kids. In that case, the law says that visitation is at the discretion of the other parent. As long as the mother doesn't disallow it, it is perfectly okay for you to see your kids. You shouldn't do it without telling her, though.
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