Legal Question in Family Law in Florida
My sons father was just arrested for shooting into an occupied dwelling and was bonded out and I filed a motion to temporarily modify timesharing to supervised visits and the judge did not approve or deny but set a court hearing for a week away. I asked the judges secretary if that means I can keep my son from going on the overnight visits and she said she can not provide that information or advise me. So am I going to be held in contempt when I go to court in a week. Also how do I defend what I am asking for if he is claiming innocent and is innocent until proven guilty. More than one person has identified him as the shooter and his girlfriend was robbed at gun point in their home the day after he was arrested so right there shows it is not safe for my son to be at his fathers home.
2 Answers from Attorneys
Appear for the hearing, have copies of the arrest reports available for the Judge and the document from the police that the girlfriend was robbed at gun point in their home - with this evidence I am sure the judge will consider supervised visitation.
You should never violate a court order, but I think a judge will see your point. Still, go see a lawyer before you withhold visitation. You need a lawyer for a hearing this important, anyway.
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