Visitation Agreement & New Spouse

by Anonymous from Florida

Visitation Agreement & New Spouse:
Can custodial parent fight for visitation because she doesn't like ex's new spouse?

I am the non-custodial parent and the mother won't let me take my 2 kids without her there.

She is constantly fighting and arguing with me when I am around , and I can never spend quality time with my kids.

She will not allow me to take them anywhere and she threatened if I ever bring them to my home where I live with my fiance, I will never see my kids again. I am going to file for visitation, but I believe that she will fight me with that.

I live in a good home, and I have always been there for my kids. My ex wife does not want me to bring my kids around my fiance, that I have been with for over 6 months now.

We plan on getting married one day so it's not like I have some random woman around my kids. Can my ex wife fight where I bring my kids? Or fight me to have weekend visits in general? What would she have to do to fight me in court?

Answer to Florida Court Forms Child Visitation Question

Dear Anonymous,

As a matter of public policy Florida courts embrace the idea that it is generally in the best interests of children to have positive relationships with both parents.

If child visitation was not part of your Final Order of Dissolution of Marriage, you need to take steps to now to make sure you have a relationship with your children.

My suggestion is that you immediately file a Supplemental Petition to Modify Parenting Plan / Time-Sharing Schedule and Other Relief, Supreme Court approved form, 12.905(a).

Have a look at our web-powered instructions page for Form 12.905(a). Instructions for the Supplemental Petition to Modify Parenting Plan 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.

This Florida child visitation form and other Florida family law forms can be found on the Florida Supreme Court's website, www.flcourts.org.

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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Florida Court Forms Self Help Guides

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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