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Rhonda R. Werner Schultz

Rhonda Schultz’s Answers

4 total

  • What rights do I have as the custodial parent when the father insists the visit to be when all their medical appts are scheduled

    Three of my 4 children have special medical needs & their father insists that he take them at the end of summer this year even though all their medical appointments are scheduled then. There are too many to reschedule & some of their specialist ar...

    Rhonda’s Answer

    You should absolutely inform him of the appointment dates and times and an expectation that he will either take them to the appointments or allow you to pick up the children for the appointments. If you can do this by email and get his response as quickly as possible. If he refuses to do either, you can file an Emergency Motion with the court requesting the right to take the children to their appointments as scheduled, due to his refusal. You will have to move quickly as hearing time is extremely hard to come by and the court may deem this not to be an emergency.

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  • My ex-wife moved my 2 sons to Virginia without my consent or the courts. What paper do I need to get filed ASAP to get it heard

    what papers do I need to file to get it in front of a judge ASAP? Thanks

    Rhonda’s Answer

    If you have a court order establishing a parenting arrangement, your ex-wife has violated Florida Statutes and your prior order. An Emergency Motion for contempt and enforcement should be filed immediately. If you have designated timesharing with the children, you can also file an Emergency Motion for Child Pick Up Order to return the children for your timesharing. This is a complicated motion when the children are out of state.

    You should consult an attorney with experience in this issues and preferably to assist you in the court process.

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  • In a parenting plan, does it matter who the "majority designation" parent is?

    I'm doing the parenting plan w/my ex and he says he would be stupid to sign it saying I'm the majority designation parent. So if I put in the plan that he is the majority designation parent will it harm me? We have a complete 50/50 plan otherwise....

    Rhonda’s Answer

    • Selected as best answer

    I believe you are referring to the Florida Supreme Court Form parenting plan. This designation is typically relevant for certain jurisdictional problems and interstate disputes and when a child is taken out of the country. Certain laws in these contexts look for a majority parent designation. You have the right to state neither parent or both parents have equal time, which accurately reflects your arrangement, if that is true. If you choose to designate one or the other of you as the majority time parent, it may cause problems down the road if there is a jurisdictional problem.

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  • I'm getting divorce. I have a 2 years old baby. His father lives in Malaysia, and I'm planning to go back to Colombia with my...

    son for work purposes.How do I fill out the parental responsibility and time-sharing form if my soon ex is not willing to travel to Colombia to see his son? He doesn't see my son virtually for long periods of time and the comunication with him is ...

    Rhonda’s Answer

    You will need to request the court's permission to take your son out of the country if your spouse will not agree. If you plan to move your residence out of the country, you will need to comply with the Florida Statute on relocation - 61.13001. Check out www.flcourts.org, family law forms for the forms for Relocation (Forms 12.950). You can still have shared parental responsibility with your Husband and he can have time sharing regardless of where you are living. Since your Husband lives out of the country and has little access and time with your son, your chances are better of getting court approval than if he had regular time with your son and lived in Florida. Relocations are very difficult and you should meet with an attorney in your area to discuss the local success rates for relocations and what the court needs to see in order to allow you to move out of the country.

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