Legal Question in Family Law in Florida
Withholding Visitation
My stepdaughter (6) was supposed to be at our home this past weekend for visitation. Her mother does not like me and has accused myself and my husband of completely absurd things. This time, she has accused of something else and threated to keep my stepdaughter and not bring her to us. We called the police and had an escourt to pick up the child. No one was home and phone calls were not returned. The County Sheriffs will not help at all. What can we do to prevent this from happening? We have--name removed--signed and notarized NEW visitation agreement that has been in practice for over--name removed--year. NOW all of--name removed--sudden, she decides that AGAIN she wants to make our life hell. She wants more child support and wants to dictate what happens in our home. My stepdaugther is extremely well taken care of in our home and is deeply loved. We see what all of this is doing to her and we are so worried of the emotional repercussions this all has on her. We have tried to be as compromising as we can, but where do you go when the line is crossed?
Can the biological mother, whom the court has thrown case after case out from her allegations, continue to keep my stepdaughter from visiting her father and family?
2 Answers from Attorneys
Re: Withholding Visitation
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The sheriff's office will generally not insert itself in a civil matter. The proper place to resolve this is in the family court. Your husband needs to have his attorney (or retain an attorney) file the appropriate motion(s) with the court for contempt against the ex wife due to her actions of preventing the court ordered visitation. If she continues to refuse visitation with the father, then it is ripe for him to seek to be the primary residential parent.
Scott R. Jay, Esq.
Re: Withholding Visitation
If the father has been to Court, visitation should already be spelled out. If not, then he needs to get back to court and have his attorney, if he had one, straighten out this mess.
The sheriff's office should not need to get involved and they won't in a considered civil matter. These hand-written notes are really no good. Probably not enforceable even if notarized.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
