Legal Question in Family Law in Florida
visitation issues
my husband was given temp custody
in 2004 and permanent in 2006.
the bio mom had no visitation
established and no shared parental
rights on paper. She has a history or
drug abuse and arrests and
disappeared for over a year. She has
not followed through with drug tests
or drug counseling that she said she
would do. So instead of court my
husband and I established supervised
visits in late 2006 and lasted about 7
months. in 2007 we made a
visistation schedule that she agreed
to of once a month. The last visit my
10 year old step-daughter came
home and said her mom was
showing her wedding pictures and
one of the pics was of her bio-mom
and step dad, and her mom was
performing oral sex. We cancelled
future visits at her home for now and
put my s-daughter in therapy.
Where do we go from here? Wait for
her to go to court? What are her
rights in the eyes of the court if any?
We are not sure what is the next
best step.
1 Answer from Attorneys
Re: visitation issues
If in 2006 when your husband was given custody the court specifically denied the Mom visitation rights, she has no rights unless and until a court grants them. It was a mistake to grant her visitation himself, it could even be a violation of the court's order. It seems that there is nothing for you to do but wait and see if she goes to court, but a local attorney with more specifics on your situation could be of more assistance.
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