Legal Question in Family Law in Florida
Refusal of Visitation
During my move from Florida to Missouri modification of visitation was completed. The modification provides for 3 visits to MO of which I pay 1/3 of the air fair based on income percentages. My Ex-wife required the agreement have her purchase the ticket and I would reimburse her. The case now is she states she will not buy the ticket for the upcoming Christmas visit. Is this a contemptible offense and is there a way I can get it enforced? As a note being visually disabled, I have a very low income and can not afford attorney's fees. Thank you for your help in advance.
2 Answers from Attorneys
Re: Refusal of Visitation
I really can't recommend someone going to Court alone, especially if the other side has legal representation. I will assume your ex does not? Contempt of the Court order is the proper route. If she does not come to Florida to fight it you may be OK without an attorney. The Clerk or the Law Library may assist you, or give you the forms necessary to get a hearing before the Court. Legal Aid or the local Bar Assoc. may also help. Contact them.
Re: Refusal of Visitation
Here's the catch. You can't file for contempt until she actually does NOT pay for the ticket. In other words, just saying you won't do something isn't contempt. You'll have to wait to see what happens. If she doesn't buy the ticket, file for contempt or, better yet, file for a change of custody.
Don't do this without a lawyer, though. You'll just have to find the money somewhere.
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