Enforcing an Upcoming Visitation in Florida

by Stacey
(Parrish, Florida, Manatee County)

My fiance has a 6 year old son that lives with his ex-wife in Pensacola. The ex did not tell my fiance she was moving there from Inverness, FL. As we live near Tampa, this came as quite a surprise.

We sent her the Christmas visitation plan on Nov. 18th, more than 30 days before the visitation as ordered by the Nevada court (where the divorce took place), which states my fiance has Christmas visitation on odd years for 2 weeks.

She has not yet responded and we are concerned she will ignore his request. We sent the request twice - once with delivery confirmation and once with a return receipt requested. We overnighted the packages to ensure they would be there. Plus, my fiance sent her an e-mail with the same information.

If she does not produce the child on the date indicated, can we call the police to have them help enforce the custody order?

Answer to Florida Child Visitation Question

Dear Stacey,

The police will not enforce this unless they have a court order to do so. Just because you have a finalized visitation agreement does not guarantee enforcement, unless you obtain a Florida court order to do so.

Since the child now lives in the state of Florida, you can now petition the court to transfer jurisdiction and modify the original order. You can do so by filing a Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief. This form should be filed in the county where the child now lives.

Getting the transfer of jurisdiction should not be a complicated matter, but you should seek advice from an attorney.

You may have to contact the clerk of court from the original county where the order was placed in Nevada. Ask for the procedure to transfer UCCJEA jurisdiction.

Once jurisdiction has been established, you can then petition the court to enforce the order with a Motion for Civil Contempt/Enforcement.

We are not lawyers and do not give legal advice.
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