Wife is Denying Visitation

by Andrew from Miami, Florida, Miami-Dade County

Me and my wife are separated but not divorced. My son has been living with me at my parents for the past 3 months.

My son is 7 months old. Yesterday my wife and I had an argument where there was heavy verbal fighting and she ended up slapping me.

Then decided to take my son and left the house screaming and yelling that she wasn't going to let me see my son until the court told her to. Can she really do that?

Answer to Florida Child Visitation Question

Dear Andrew,

My suggestion is that you file a Parenting Plan, Form 12.995(a); or a Supervised/ Safety-Focused Parenting Plan, Form 12.995(b).

You do not have to be divorced or divorcing to file a Parenting Plan. Both of these forms are available on the Florida Supreme Court's website at www.flcourts.org .

Instructions for the Parenting Plan state in part:

A Parenting Plan is required in all cases involving time-sharing with minor children, even when time-sharing is not in dispute. This form or a similar form should be used in the development of a Parenting Plan.

If the case involves supervised time-sharing, the Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995 (b) or a similar form should be used.

Both you and your wife will likely be required to attend a Parenting Class. The clerk of court can give you information about where Parenting Classes are offered. Judges do not have much patience for parents that use their children as weapons to hurt the other.

I expect a judge will not look favorably on her behavior. If there is a possibility of her leaving the area with your son, you should make sure that the court knows that, and takes steps to prevent her from doing so.

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