Legal Question in Family Law in Florida

Visitation modification, another question

If a party requests visitation modification and there is no ''substantial change'' is the request even humored or is it rejected?

My husband has primary custody of his son and the mother is threatening to request a modification but there has been NO change much less substantial change since the order was made. Is it likely to make it to court/mediation when she has no basis?


Asked on 3/08/09, 4:30 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Visitation modification, another question

If there is no change of circumstances, then the petition to change visitation is subject to a motion to dismiss. If you are using a lawyer, the lawyer can file a motion for automatic payment of attorneys' fees by the mother.

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Answered on 3/09/09, 10:13 am


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