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!
1 Answer from Attorneys
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.
This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.