Legal Question in Family Law in Florida

summer visitation guidelines

Hi, I recently finalized my divorce in oct. and I have been seeing my son on a regular basis.. In the final papers that me and my ex wife signed it stated that in the summer the father shall have half the summer with the minor child.. when he comes down, my fiance will supervise him while I am at work.. The days that she cant her grandmother will provide care for him.. Please note that we(we being me and my ex wife) have shared parental custody of the child. To make a long story short she called me last night and told me that if I dont take the whole month off of work to watch my son that she is not going to let me take him over the summer. Is this legal? Does she have any right to make this decision as to who gets to take care of him? Please keep in mind that this is coming from the same woman who enrolled the child in day care when he was not even one yet.. thank you for your help..


Asked on 5/15/02, 8:57 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: summer visitation guidelines

Such visitation issues depend on the terms of the Final Judgment, including any Marital Settlement Agreement, re visitation. If the FJ does not require you to personally be with your child during that period or precludes another person from taking care of the child, or similar restriction, then you have the right to have visitation and to provide care for the child as a parent would, i.e., by sometimes entrusting another person with the care of the child. Her demand seems unreasonable and would not be upheld by a court unless it can be shown such arrangement is not in the best interest of the child. Unfortunately, you may have to go to court or threaten to go to court to enforce your right.

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Answered on 5/15/02, 10:25 am


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