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Ex refusing to communicate on important matters, do I have any legal recourse?

Miami, FL |

My ex refuses to communicate on important topics like toilet training, discipline, and most importantly medicine. I have been emailing her for 4 days straight asking if she will agree to give him medicine that the doc prescribed and she ignores my emails and texts. This has meant that I do not know whether I should start my son the meds because either we both need coordinate with each other so that he takes the meds everyday or he shouldn't take them at all. The issue of communicating about important topics isn't mentioned specifically in our divorce agreement, so do I have any legal recourse if I take her to court over her blatant refusal to communicate on important issues? (we have 50/50 custody by the way)

Attorney Answers 3

Posted

I am sorry that you are having these difficulties. The Parenting Plan usually specifies that the parents are to communicate regarding important issues concerning the child. If your Agreement does not mention this issue, you may need to file a Supplemental Petition with the court to modify the Final Judgment so that the communication that is necessary to effectively co-parent the child is ordered by the court.

Please note that without more specific information, I am unable to provide a definitive answer to your question. Please accept my answer for informational purposes only and I hope it will give you a starting point in seeking legal representation. I would be more than happy to meet with you to provide legal advice in a consultation.

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Posted

You can file a motion for contempt and enforcement and to compel her to abide by the terms of the judgment in regard to shared parental responsibility. You should maintain all of the records of your attempts to communicate with her. If she continues to refuse to communicate in regard to medical information, you can possibly think about a modification of the 50/50 timesharing if same is resulting in your child not being able to receive medication. Finally, you can request that the court order both of you to use something like Our Family Wizard for parenting and timesharing. Best of luck.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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Posted

Yes, you can move for enforcement of the Final Judgment/Parenting Plan via filing a Motion for Civil Contempt/Enforcement - which you can do through counsel or on your own (if you don't want to use a lawyer) and you could use Florida Family Law Rule of Procedure Form 12.960 for your Motion and Form 12.961 for the Notice setting the hearing (which you'll need to coordinate with the appropriate Judicial official's office after filing your motion - or you may need to go through your Self-Help Family Law Intake Unit or Case Management Unit if you're doing it without an attorney).

The answer provided is a general answer to a general question - and should NOT be construed as my giving specific legal advice, nor does it create any attorney/client relationship or expectation of privilege - and should you have specific questions you seek to address, then I encourage you to seek a consultation with an experienced Family Law Attorney in your area who may discuss your case with you and give you specific advice to assist you.

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1 comment

Nicole Moore

Nicole Moore

Posted

If you have the child, then you are responsible for the child's welfare. Therefore, if the medication is necessary and reasonable, then you should probably have the child take the medication. The legal standard is the best interest of the child. Therefore, so long as it is reasonable and necessary, you may do what is in the best interest of the child.

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