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Can someone please decipher this?

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FLFamof5

Member
What is the name of your state? FL

Upon going through my original CO that was back in 1998, I am trying to go through the whole CO like a fine tooth comb because I was ignorant at the time the divorce took place and didn't seek legal counsel.

I am currently in a Custody Modification and I noticed one more paragraph that I am going to bring up to my attorney on Monday but it has me very upset.

"Niether parent shall involve a child in decision making as to visitation unless the child is twelve (12) years old or older. All visitation plans and conversations will be conducted solely between the parents until the child is at least twelve (12) years of age. The final decisions are to be made by the parents and not the child and the custodial parent is expected to encourage and assist in visitation with the non-custodial parent."

1st Question: Does this mean that at age 12 both of our children can choose whom they want to reside with?

Our daughter will be 12yo in July. Our current CO we have shared parenting with rotating custody which has been verbally changed for the past 6yrs but nothing established on the changes through the court. It does not state a specific time schedule...only that equal time spent with both parents.
 


BelizeBreeze

Senior Member
FLFamof5 said:
1st Question: Does this mean that at age 12 both of our children can choose whom they want to reside with?
No, it means that until the children reach the age of 12 the two of you are NOT to discuss matters of custody and/or visitation with them. When they reach the age of 12 you may discuss the subject with them but the decision is between the two of you.

FLFamof5 said:
Our daughter will be 12yo in July. Our current CO we have shared parenting with rotating custody which has been verbally changed for the past 6yrs but nothing established on the changes through the court. It does not state a specific time schedule...only that equal time spent with both parents.
O.K. was this a question?
 

FLFamof5

Member
BelizeBreeze said:
O.K. was this a question?
No, I'm sorry. Just a little bit of venting because my Ex is allowing our daughter to make that decision now and I am documenting everything but she is choosing to not come over for her visitation. It's a mess. :(

He also informed me that our daughter did not want to go to counseling anymore that I started and he didn't take her.

One more question: We are going through a Cust Mod now and I am waiting for the mediation and court date. Ex has asked me for my blessing to take our children out of state for vacation the week of Feb 28th - March 4th. Not only will the kids miss 5 days of school for a vacation, our daughter will miss one week of Prep work for FCAT's. I expressed to Ex that I am not going to say yes or no regarding his actions that I just don't believe that this would be a good idea to pull them out of school just for a vacation and that he should plan this trip during Spring Break.

Am I being unfair? Because this is what he is poisoning our kids minds with...that I am the one that won't agree to the trip.
 

BelizeBreeze

Senior Member
I am not going to comment on fair or unfair. That's a matter for you to decide. HOWEVER, your ex is in contempt of the standing court order and if you want to push it you can file on the missed visitation, then, during your modification hearing, you can submit to the court your current contempt action.

Let him explain to the court HIS interpretation of the order and why he violated it.
 

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