Answer a Visitation Change Motion

by David from Florida


I'm the custodial parent (FATHER). Mother filed a motion to change visitation although she has been behind on Child Support for 10 months and the only reason I receive it now is with the assistance of the DOR.

She sent a copy of this motion requesting me to respond by next week.

Do I have to respond to her request or wait for court to request me to respond.


Answer to Florida Child Visitation Question

Dear David,

Child support and child visitation are two separate issues.

The fact that she is behind on her child support payments does not necessarily have an effect on her visitation rights.

If you received a motion to change visitation, and she also filed that motion with the clerk of court you should respond to it -- usually (but not always) within 20 calendar days.

It is likely easiest for all parties, including court resources, for you to go ahead and respond to her motion.

A Supplemental Petition to Modify Child Custody, Time-Sharing Schedule, and Other Relief is usually the document that is filed to change visitation, so I am a little confused, and she may be improvising. When you answer her motion/petition you could simply state whether your agree or disagree; affirm or deny.

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