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My son's visition w/ his dad needs to be motified.....

  • Thread starter Thread starter anacc
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A

anacc

Guest
What is the name of your state?
The name of my state is Florida...
When our marital agreement was written up, my son was only a couple of months old. The agreement stipulated that my son would be w/ me (primary custodian) from Sunday evening @ 5p.m. thru Thursday @ 7p.m. drop off time. Now that my son is of school age he is missing one day of the week (Friday) from his academic criteria. Also recently his dad foreclosed on his home forcing my son to stay in a car shop warehouse during these three days. I feel that my son is not in a safe and comfortable environment. It would be for the best interest of my son to finish his school week and be sent to me on Sunday @ 12p.m. so that he could attend church services (I plan to enter him in catholic shool next year) and also enable for my son to get ready for school the following Monday morning (because my ex-husband brings my son very, very, late on Sunday evening, every Monday my son is very tired and consequently very misarable!!! Also, I wanted to explain that my ex-husband is very selfish and malicious and there would be no way that he would want to cooperate to facilitate this matter for the well being of his son.
Please, please, advise me anyone what actions I possibly could take so that my very beautiful little boy won't suffer any more!!!!!
 
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Modifying visitation is quite common, as children have differing needs as they grow.

It is expensive.

I would recommend trying to come to an agreement with the child's father, and having the agreement written up as a court order. Perhaps you can think of a visitation arrangement that gives dad the same amount of time, but allows the child to go to school on Fridays.

If you two can agree, it will be a whole lot less costly than lawyering up and going to court.
 
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anacc

Guest
Thank u so much for your reply Holly

Unfortunately, my ex-husband is very selfish and malicious and he would never be cooperative at all.

It is truly very scary cause I am also on a fixed income(mr. "wonderful" refuses to give me steady child support) but in reaching out thru this site and any other suggestions that anywhen could give me, hopefully one day justice could be serve for my son.

Thank u once again!!

Regards,

Anac
 
Just a side note.....

The fact that you are on a 'fixed income' should have nothing to do with the amount your ex does (or does not) pay in CS. You also have a duty to support your child yourself, and unless we are talking about alimony here, that CS is to support your child. (Not yourself.)

If you have limited earning potential, that is not your ex's fault or responsibility.
 
A

anacc

Guest
Please to meet Ya!!!!

This reply is to "Joe Shmoe".....

Sir, no where in my letter do I ever blame my ex for my "limited capacities" as u put it......I have thankfully provided for my Three year old son since he was only a couple of months old!!!! I have given my son 110% of all his needs including education, clothing, and shelter. Granted his dad earns a great deal more because of his profession, bu he has chosen to "beat the system".
Truly, the reason for me to contact this site is for my son's visitation to be changed somewhat so my son would not have to miss school, etc. Your opinion seems rather hostile, but to each his own.....more then likely u have been taken to the "cleaners" by maybe your "ex"?!!
I guess I am in the minority as a woman to have lost everthing thru my divorce.

Regards,

Anac
 

kidoday

Senior Member
I have read numerous times here that a Judge isn't going to allow you to modify visitation due to your son not missing Pre-school. Pre-school isn't a requirement, but elective.
 

stealth2

Under the Radar Member
ditto kidoday... Preschool isn't a requirement, so it's unlikely a judge is going to be too concerned about a 3 year old missing one day a week. Lots of kids go part-time or not at all and do fine when they go to Kindergarten.
 
Oh, it's PRESCHOOL he'll be missing.

Well, that's a horse of a different color, isn't it?

Forget what I said. Preschool isn't real school.

Never mind!
 

nextwife

Senior Member
Yup, missing preschool is not a big deal. And we had no qualms with keeping my daughter out of some K4 days also, to be with us on occasion for family vacations, doctors appointments, ear surgery, whatever. Even missing K4 days wasn't the end of the world- and her teacher fully agreed that the "family time" was more important in the long run.

Now she's in 1st grade and needs to be there more diligently.
 

withonel

Member
You should start thinking about filing for a change in visitation to be effective once your child starts elementary school, especially if you expect difficulties from your ex.
You should be able to file without an attorney and most likely you'll have to meet with a mediator before you go to court. This will give you time to work out an agreement with your child's father that is fair to all. Even if Florida doesn't require mediation, no matter how unreasonable you think your ex is, he can't ignore a court order and you're likely to be able to have the visitation changed to accomodate regular school. However, the judge may just say that your ex becomes responsible for taking his son to school on Fridays.
I understand your concerns, but really missing a day of pre-school to spend time with his dad isn't harmful to your son. But you do want to be sure both you and your ex agree to make his education a priority once he is actually school aged.
 

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