Legal Question in Family Law in Florida

Ok here is my situation which may sound confusing because it is even to me. Thank you for you patience reading and any help would be appreciated. I have struggled with drug addiction for most of my 4 year old daughters life. My ex wife and i have been seperated for the last three years and got divorced 4 months ago. Up untill that time i was seeing my daughter on a regular basis. I have not seen her since the divorce due to the agreement we made in mediation although i talk to her every day. I am currently 5 weeks from finishing a 9 month drug rehab program and am ready to start seeing her again. When we went to mediation we agreed on everything and didnt even have to get a judge involved in the situation. The agreement we made is as follows: "The child is scheduled to reside the majority of the time with the Mother. The parties represent that the father is currently in a nine month drug rehabilitation program. The parties agree to a limited parenting plan that allows for the father to have regular phone contact with the child daily. The parties agree that upon the fathers successful completion of said program, that the father shall motion the court to revisit the issue of time-sharing with the child" In the past my x-wife has said that she only wants me to see her in a supervised situation where there is someone from the court there and it is in a secure location. This seems extreme for me. I understand her concerns I do have drug convictions but i have never been accused of any violent or sexual crimes or anything involoving my daughter at all. The only thing I have ever been convicted of involved drugs and i am about to complete a 9 month program. It seems to me that it would be dramatic to my daughter to have to indure such a situation seeing as how she is 4 years old and has no idea of my addiction nor would she be able to comprehend an explanation. I have no problem submitting to drug testing if that would be an option. Here is my question.

1.) How do I " motion the court to revisit the issue of time sharing with the child"

2.) What can i expect if her mother and I cant come to an agreement about time sharing? What is the procedure?

Thank you for your time


Asked on 6/23/11, 3:32 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

File a Motion to Revisit time Sharing per Final Dissolution of Marriage dated ______.

Set for a hearing and serve wife.

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Answered on 6/24/11, 7:52 am


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