Child Visitation Change & Enforcement

by Anonymous from Florida

As per our divorce agreement, I am supposed to see my children every other weekend.

I have been out of state and have not seen my children in 9 months but have remained in contact with them via telephone and emails.

There was a 2 month period I could not call because my ex wife said "the phone was broken" and my calls were never answered nor responded to. I am excited to see my children, as they are to see me.

We have been counting down the days until then together and I am going back home in a few days and wish to see my children for the weekend and my ex-wife refuses. What recourse do I have?

Answer to Florida Child Visitation Question

Dear Anonymous,

The first thing you need to do is modify your child visitation.

Since you have moved out of state, the every other weekend arrangement is impractical, so you need to change it to make it into a workable arrangement.

Use Supreme Court approved form 12.905(a) Supplemental Petition to Modify Parenting Plan Time-Sharing Schedule and Other Relief.

See our web-powered instructions page for the Supplemental Petition to Modify Parenting Plan form. Instructions for this Supplemental Petition form state in part:

This form should be used when you are asking the court to change the current Parenting Plan/time-sharing schedule.

The court can change the Parenting Plan/time-sharing schedule if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests....

...Parenting and Time-Sharing. If you and the respondent are unable to agree a judge will decide for you as part of establishing a Parenting Plan.

The judge will decide the parenting and time-sharing arrangements based on the child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor children.

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