Legal Question in Family Law in Florida

Visitation modification request
My ex-husband has visitation with our daughter every other weekend and ''a minimum of 2-3 nights per week''. We agreed to this when she was 3 years old. She didn't like it then, but ever since kindergarten started (and now she is in 1st grade) she has been wildly protesting each time she is required to go to her fathers. He also is not very reliable getting her homework done and although the agreement says she must be home by 9pm he usually brings her back around 9:30pm. She also now has a stepdad and a new baby sister, and her baby sister will not be required to spend a couple of nights per week at another house and this has really affected the first grader. Is any of this enough of a change in circumstances that the court will allow me to change the original visitation schedule so there are no weeknights required, but that she may go only if she wants to? My ex thinks it's in her best interest to spend as much time with him as possible, but I think it is better for her to have a stable primary residence. What will the courts generally think?

Asked on 12/09/04, 10:59 pm

David Slater David P. Slater, Esq.

0 users found helpful

0 attorneys agreed

Re: Visitation modification request

I doubt the courts would change anything. May I suggest mediation.

Answered on 12/10/04, 5:07 am

Moses Williams Moses E. Williams, Attorney at Law

0 users found helpful

0 attorneys agreed

Re: Visitation modification request

You should file for modification of visitation. The court may direct both parties to go to mediation. I am available to consult with you on the case.

Answered on 12/10/04, 9:40 am

Keywords

Match Any Match All

Country

State

Area of Law