Can I Deny Visitation?

by Jackie from Jacksonville, Florida, Duval County

Can I Deny Visitation?:
I am the father and have custody of my children. The mother is not ordered to pay child support.

She was not ordered 4 yrs ago because she had no income, BUT was ordered to pay 50% of Health and Dental Insurance.

Can I deny her visitation in the state of Florida?

Answer to Florida Court Forms Child Visitation Question

Dear Jackie,

The short answer to your question is: no. If you deny the mother visitation and her right to visitation was written in a court order; and has not been modified by a court -- you would be in contempt of court yourself if you denied her visitation.

Florida courts view child support and child visitation (time-sharing) as two separate and distinct issues.

If there are reasons other than her failure to pay 50% of health and dental insurance, that you believe should affect her right to visitation, you need to modifiy the visitation order.

You could file a motion for contempt or enforcement because of her failure to pay for insurance, but if she does not have an income or the ability to pay, it is unlikely that she will be found in contempt.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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