Legal Question in Family Law in Florida

Son wants to refuse visitation

15 yr old son does not want to visit NCP during a weekend he participates in wrestling tourn. He wants to go prior or later -not during. If I allow this refusing and send him from Fl to Il a different weekend, what are the ramifications to him or me. NCP refuses to be flexible-we both have tired. Is my son or I going to end up in jail? NCP would like that-for me that is.

He hasn't missed a monthly visit ever. Thanks in advance!


Asked on 9/20/02, 10:27 am

1 Answer from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

Son wants to refuse visitation

Switching weekends to accommodate a child�s outside activities sounds like a pretty reasonable request. Still, I don�t know what the non-custodial parent�s plans were for the same weekend, so I can�t judge whether it�s a big problem.

For example, if the weekend to be missed was a rare opportunity for the child to meet with the NCP�s aging ailing grandmother before she dies, then switching the visitation weekend wouldn�t be reasonable.

If visitation has never been missed, and the other parent�s plans for the visitation are routine and not special for that particular weekend, and if the change of weekend does not cost money (e.g. cancelled non-refundable airline tickets), I�d do what�s best for the child.

Nobody is going to go to jail for this. If the NCP decides to make trouble, they would likely file a claim for contempt of court or visitation abuse against you. When the facts of the matter are brought before a judge, your conduct will likely be measured against a standard of reasonableness and the best interest of the child.

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Answered on 9/20/02, 11:57 am


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