visatation

[mary talley]

my son was given visation in his divorce he is to get his son every other weekend and two weeks in the summer.his ex. has tryed putting a resraning order on him (the judge dismissed it because hads never done anything to her) to keep him from seeing the child. My son is about 800 behind in child souport but is starting to work next week and at the time of the divorce HE ask that support be taken out of his pay . So he should be started back on his frist pay check. my ?? is since see still will not let him see he's son what can be done. and is it somthing that he can do his self or dose he need a lawer. we live in fl.and he has not been alowed to see his son in 2 months. he even missed his brithday because see sayed yes we could come get him then was not there and we waited for 4 hours .

 

[LadyBlu]

my son was given visation in his divorce he is to get his son every other weekend and two weeks in the summer.his ex. has tryed putting a resraning order on him (the judge dismissed it because hads never done anything to her) to keep him from seeing the child. My son is about 800 behind in child souport but is starting to work next week and at the time of the divorce HE ask that support be taken out of his pay . So he should be started back on his frist pay check. my ?? is since see still will not let him see he's son what can be done. and is it somthing that he can do his self or dose he need a lawer. we live in fl.and he has not been alowed to see his son in 2 months. he even missed his brithday because see sayed yes we could come get him then was not there and we waited for 4 hours .

If your son has court ordered visitation and she is denying him access to the child it is considered contempt of court/interference with visitation. He can hire an atty to represent him. BUt he can also petition the court for a hearing on the matter also. I have lost the link to the court forms for FL. But if you post another message, and put the subject *Attn: JYoung* he has the link for the forms needed to be filed with the court.

The main thing here is that visitation and support are seperate issues. In other words, two wrongs do not make a right. She can also file a motion with the court regarding the arrears in support, but she cannot deny him access to the child during his periods of possession.

 

[jyoung]

You need to document (or you have already documented)preferably with law enforcement witnessing denial of ordered visitation specifically on the dates on which visitation is supposed to happen.
That is the evidence you will use to prove to the court that you attempted to exercise visitation rights. This website has the forms:
http://www.flcourts.org/ self help center
download:
12.960 Motion for Civil Contempt/Enforcement
Fill it out, take it the courthouse, have it notarized, you will pay a fee to have it served on the custodial parent or her attorney.

Here is where to see what the statute says re. visitation rights and penalties:
http://www.leg.state.fl.us/Statutes..._Statute&Search_String=&URL=CH0061/CH0061.HTM

Scroll down to chapter 61.13. Good luck

(4)(a) When a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights.

(b) When a custodial parent refuses to honor a noncustodial parent's visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

(c) When a custodial parent refuses to honor a noncustodial parent's or grandparent's visitation rights without proper cause, the court shall, after calculating the amount of visitation improperly denied, award the noncustodial parent or grandparent a sufficient amount of extra visitation to compensate the noncustodial parent or grandparent, which visitation shall be ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the person deprived of visitation. In ordering any makeup visitation, the court shall schedule such visitation in a manner that is consistent with the best interests of the child or children and that is convenient for the noncustodial parent or grandparent. In addition, the court:

1. May order the custodial parent to pay reasonable court costs and attorney's fees incurred by the noncustodial parent or grandparent to enforce their visitation rights or make up improperly denied visitation;

2. May order the custodial parent to attend the parenting course approved by the judicial circuit;

3. May order the custodial parent to do community service if the order will not interfere with the welfare of the child;

4. May order the custodial parent to have the financial burden of promoting frequent and continuing contact when the custodial parent and child reside further than 60 miles from the noncustodial parent;

5. May award custody, rotating custody, or primary residence to the noncustodial parent, upon the request of the noncustodial parent, if the award is in the best interests of the child; or

6. May impose any other reasonable sanction as a result of noncompliance.

(d) A person who violates this subsection may be punished by contempt of court or other remedies as the court deems appropriate.

(5) The court may make specific orders for the care and custody of the minor child as from the circumstances of the parties and the nature of the case is equitable and provide for child support in accordance with the guidelines in s. 61.30. An award of shared parental responsibility of a minor child does not preclude the court from entering an order for child support of the child.

 

[mary talley]

thank you very much for the information. and the links . my son's wife is or has filed for full custody of the child . but he has not been notived . so he is going to file his self on mon. to get his time with the child. his ex will not anserwer the phone and when her boyfriend picks up he want let him talk to her. her boy freind is a excon and was in for armed robbery and she is trying to say my son is no good he has never been in any trouble at all. not with the law anyway. thanks again for the info.