Legal Question in Family Law in Florida

Violation of Visitation Rights

My husband's children live with thier mother. Recently my husband started his own business and his income has decreased dramatically. He is paying as much as he can, but it is not the agreed upon amount, which he can no longer afford. The mother is now violating my husband's visitation rights. She calls our house screaming and cussing on our answering machine constantly. She refuses to allow me to pick up the children unless I have money for her (they are not my children and I do not pay child support to her). On visitation weekends, she will take the children off so we do not know where they are. She is mentally, emoitionally, and verbally abusive to me, my husband, and her children. She has called my husband's mother who is in very frail health, and harrased and screamed and cussed at her too. Is there anyway we can force her to honor the visitation rights set down in the divorce decree? Even though my husband is behind in payments, he does pay her what he can each week! Please reply. Thank you.


Asked on 10/19/99, 10:09 am

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Violation of Visitation Rights

There are a few things going on in this case. First, you may have a case for a downward modification of child support, meaning the child support payments may be decreased. I would need more facts to make a final determination. Second, the law does not look favorably upon someone who denies visitation. This will only hurt her case. I would suggest that you contact an attorney to discuss the possibility of a downward modification and enforcement of the visitation in the divorce decree. I handle all aspects of family law which includes modifications and enforcements of final judgments. If you would like to make an appointment to meet with me than please call my office Monday-Friday, 9-5. Sincerely, Melody Stickel-Martinez, Esq. (954) 437-5968

Read more
Answered on 10/22/99, 7:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida