Legal Question in Family Law in Florida

visitation right

My Exhusband is a Drinker, surrounded by low-standard so-called friends. We finally are divorced since a couple of weeks, but my major concern now is our 7-yrs old son. As I had not been able to prove my Exhusband's bad influence on the child during the Divorce Trial, the Judge granted him the 'Standard FL Visitation Rights', like every other weekend with him, and so on. This frightens me, as he he fails to be a 'Role Model' and Parent. And puts him into emotional and physical Danger (DUI!)

Now, on Friday he will have the first weekend with our son and I have not received Child support from him yet. I told him, if I do not get a check in the mail, he will not be allowed to pick him up. Am I right?


Asked on 10/15/08, 9:46 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: visitation right

No, you are wrong. Visitation may not be withheld based on nonpayment of child support. The two issues must remain completely separate.

If you catch your ex drunk around your son and it causes a danger to your son, or if he tries to pick up your son and your ex is drunk, you should call DCF or the police and file a petition with the court for sole custody. If you ex misses three or four child support checks, you should file a motion for contempt.

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Answered on 10/15/08, 11:55 pm


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