Legal Question in Family Law in Florida
Visitation
I was divorced two years ago and get my two children in the summer for 6 weeks. I had them last year the summer of '06 and i was in contact with their mother this year for them to come to florida from tennessee. I had arrangements made, i.e. the flight paid for, summer camp paid for, rooms prepared, etc. Today she avoided my phone calls and never even took my children to the airport after i paid for their flights. This is coming from someone who pays their support every month and calls the kids weekly. This is about all i get out of my ''relationship'' with my children. The divorce states that i get the summer visitation although it does not specify dates. We agreed on certain dates and she just stiffed me. I dont think that i have that option when it comes to my support obligation... so why does she? I guess i want to know what i can do from florida to make sure that i get my visitation rights? Incidentally, the mother used to live in florida and has an outstanding warrant for probation violation so she won't put a foot in florida---officially. Since i was divorced in knoxville do i have to go there for evrything? Does she have the right to withhold my visitation forever? Any comments would be appreciated. Thank yo
3 Answers from Attorneys
Re: Visitation
I can assure you that under the UCCJEA as well as the principles of full faith and credit and comity, you can enforce your judgment in Florida. Once the judgment is recognized, F.S. 61.13 covers the denial of visitation. You are welcome to consult a TN attorney but you can obtain jurisdiction in Florida.
Re: Visitation
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Unfortunately, the children apparently reside in Tennessee and that is the venue for any action regarding your problems with child visitation. What your wife did would not be acceptable to a Florida court and could be grounds for the court to consider a change in the earlier court order regarding the primary residential parent. Both parents are supposed to foster a good relationship with the other parent.
I would strongly suggest that you consult a Tennessee attorney regarding your legal rights and obligations.
Scott R. Jay, Esq.
Re: Visitation
You can enforce your custody order in Florida. Contact an attorney or your local court immediately.
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