Visitation After Divorce

by Anonymous from Florida

I was granted a divorce July 11th 2008. I was ordered to pay child support and receive visitation rights every other weekend starting from 6 o'clock Friday till 6 o'clock Sunday.

I was supposed to have my daughter for my birthday and Fathers Day and me and her mom would work out the holiday's.

Since the divorce I've seen my daughter maybe five times. I'm told to bring her back early or I won't see her any more.

Now I'm not seeing her at all, and my money is tight. How do I go about going back to court without having to pay for a attorney?

Answer to Florida Child Visitation Question

Dear Anonymous,

You can file a Motion for Civil Contempt & Enforcement, Form 12.960 to enforce your visitation rights.

Your ex-wife is violating a court order.

Make sure that you are in complete compliance before you file a Motion for Contempt, especially that you are current on your child support payments.

The Supreme Court Approved form for Motion for Civil Contempt & Enforcement is available on the Supreme Court's website at .

Read the instructions for that form and follow them carefully. Below are portions of the instructions for the Motion for Civil Contempt & Enforcement form:

To initiate a civil contempt/enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the court explaining what the party has failed to do....

...At the hearing, as in any other civil proceeding, you, as the moving party, will have the burden of proving the other party has not obeyed a prior court order. Once noncompliance is established, the other party will have an opportunity to show an inability to comply with the prior court order.

If he or she is unable to do so, the judge may find the other party to be in contempt. If so, the judge may order appropriate sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit money, or costs, and coercive or compensatory fines, and may order any other relief permitted by law.

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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Comments for Visitation After Divorce

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Visitation During Divorce
by: Francis from Florida

Can a father visit the child while undergoing divorce litigation? My wife and I are getting divorced and she had filed a restraining order which was later dropped by the judge however, the judge advised me not to contact her or come see her. How can I visit or see my child if she is with her?

--Sounds like a Catch-22 situation to me. With your divorce paperwork you should have filed a Parenting Plan, Form 12.995(a) which spells out child visitation arrangements. I am guessing that you already filed that, but since you haven't had your divorce hearing yet, there is no visitation order yet.

I may be going out on a limb by saying this, but from what you've said, it seems to me that, technically, since the restraining order was dropped, there is nothing to legally prevent you from contacting your wife to arrange child visitation. Tread lightly and heed the judges advice. Make sure that you don't put yourself in a confrontational situation with your wife. Your day in court will come. Patience is my best advice. --Staff

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