Legal Question in Family Law in Florida
Hi, I'm a single father who a few years ago was granted sole custody(custodial parent) and I waved child support due to the fact that my ex wife never has a job. Now I have been letting her see my daughter every other weekend for two years with multiple times were she didnt show, and last week never picked her up from school. I told her she cant see my daughter anymore due to the emotions and bad feeling my daughter goes through. She has been calling and being very nasty and is threating to call the police on me if she doesnt get to pick her up on her normal day this weekend. At the trail, which my ex never appeared, The judge asked what I wanted in visitation I told him I would like to be able to control, say yes or no depending on the situation my ex is living in. I have said no to her before due to where she lived. I dont know if I should call my lawyer again or do I have anything to worry about? Please let me know.
Steve M.
Seminole florida
3 Answers from Attorneys
Whether your ex can get anywhere with the police as she is threatening really depends on how exactly your divorce order reads. IF it states that you get to determine when the visits are, then you are in good shape - it is unlikely the cops will get involved. If it gives her a schedule, then you will need to return to court to modify that order. It may be that the judge would not want to punish her by taking away contact altogether, but could make her responsible in other ways, for example making her pay you for day care on the days that she was supposed to have responsibility. Also, even without a job, the Court will impute her income and make her pay something, which you should do if you are forced back to court anyway.
The police won't get involved. They will say it is a civil matter and should be handled by a court order. If you ex was granted visitation rights, then you need to abide by those. However, you can not waive child support and I suggest you go back to court and get child support imputed to her based on the minimum wage standard. I would also ask for supervised visitation since she is apt to not show.
If you have an order giving you sole control, then she has no right to see the child and she will need to ask the court to modify the order. The police shouldn't get involved.