Legal Question in Family Law in Florida

Since we have been together, eight years now, my husband has been trying to get visitation with his daughter, now 13 years old. He tried before this, but I can only attest to what I have seen. The court agreement from their Florida divorce provides him with "liberal visitation". My husband relocated out of the state (went home to Rhode Island) when his daughter was younger and then moved around as a part of the military and now resides out of state in Texas. However, not even close. In previous attempts to arrange visitation, the ex would stop answering his calls. Or she would set stipulations that he had to first come out there and then when he would try to arrange to do so she would not return written correspondence or phone calls. At one point, without notification, she had moved to Jamaica, but they have since returned to Miami. We took a recent trip out there for him to finally get to see his daughter after many years. Even during the short 2 day visit, her mother took up part of one of the days because they just had to spend Sunday morning at the bookstore because that's what they do every Sunday. We notified her at that we wanted her for either Christmas or Spring Break. Of course at Christmas, her grandmother came to town, so my husband told her Spring Break and she agreed. We contacted her about a week ago and reminded her and she acknowledged that she agreed. We were only going to be able to get her for 3 days, but we figured it was a start. We told her we would call her with the ticket information, which we did and she did not return the call. My husband followed up with an email. Four days later she replied that she would not be sending her and would send the tickets back when she got them and for us to get a refund (non-refundable tickets, by the way). She claimed that she did not want to send her to strangers and that she was in no way "denying access to his daughter". But in order to see her everyone had to fly out to Florida. Our daughter is not 3 anymore and we are a family of 5. That isn't denying access, but it sure is frustrating it! We don't know what our options are, but this is ridiculous. What can my husband do to enforce the visitation and be able to establish a relationship with his daughter in the little bit of years that he has left? By the way he does reach out and call and email, but usually it is to leave an unreturned message.


Asked on 2/28/11, 11:59 am

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Your husband should be making the inquiry.

Before any attorney could make an intelligent recommendation, the Final Judgment, and any agreement referenced therein, would need to be reviewed.

The above information is provided without any consideration/payment having been received, 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 Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 2/28/11, 5:15 pm


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