Legal Question in Family Law in Florida

Visitation

When does the refusal to turn a child over for visitation become wrongful?

My ex husband currently has primary custody of our two young children. There is a current charge on him of battery. He told me that if I don't drop the charges that I will never see my kids again. I haven't seen our children in 6 weeks and only allowed to talk to them when my ex husband decides he wants to answer his cell phone...


Asked on 7/20/07, 9:57 am

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein, P.A.

Re: Visitation

Pursue a Motion for Enforcement/to Show Cause, if your ex is not abiding by the visitation arrangement order/ratified by the Court. Judges generally do not like it when folks disregard court orders. Depending on the specifics, you might also want to file a Supplemental Petition to gain primary residential custody of the children.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

Read more
Answered on 7/20/07, 10:12 am

Re: Visitation

Sounds like extortion to me. If he is withholding visitis with your children until you drop charges. Call the State Attorney's Office and inform them They may want to add a "Tampering with a Witness Charge to him. You need to get back into Court and enforce the order of visitation. It became unlawful when the time to visit came and went.

Read more
Answered on 7/20/07, 11:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida