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Family Law- Visitation with my 22 mo old DaughterMy EX-wife is refusing me and my 22 mo old daughter our basic right to spend time with each other. I am seeking an emergency hearing with a GM, as my divorce trail is set for February, to hear my case and grant temporary visitation. i am also awaiting a court hearing to appoint a Guardian ET Litem. In the meantime my only contact with my daughter is threw her day care which have being very understanding of the situation and even encourage me to visit frequently for the sake of my daughter. I received a threatening email for my EX stating that if i visit my daughter at day care again she will call the police. Bare in mind there is no court order preventing me from seeing her, only a temporary agreement we signed a few months ago agreeing that there will be no overnights in till she is 2.
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Our temporary agreement does not state that i am no allowed to visit my daughter at her school, on the contrary, our temporary agreement allows me to have every other Sunday visitation with her. My EX is violating our temporary agreement and therefor an emergency hearing is set. If i visit her at her day care, which i have done so in the past and after being invited by her teacher, my EX calls the police will they intervene? do they have grounds to arrest me? Like i said there is no court order preventing me from seeing /spending time with my daughter at the day care. I am seeking the courts help to establish a more permanent visitation arrangements, but till than all me and my daughter have is the little time i can spend with her at her day care. My EX had threaten me that if i visit her day care she will call the police only after we didn't come to an agreement and a trail date had being set. Attorney answers (2)
Reputation Level 14
Answered over 2 years ago.
Family Law Attorney in Jacksonville, FL.
You need to speak with an attorney. Your temporary order may not allow you to visit at the day care center. YOu need to have it specifically state that this is allowable. In order to have visitation without interference it MUST be spelled out in your order otherwise the police will only state that this is a civil matter and you must go to court to resolve it. If you have an Order that spells out visitation rights, then the police will honor it.
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Reputation Level 14
Answered over 2 years ago.
Child Custody Lawyer in Clermont, FL.
You really need to consult with an attorney, and it sounds like you could use an attorney's help in dealing with the situation as well. Otherwise, in order to advise you on what you can and cannot do, I would need to know much more information, and also see the exact wording of the temporary agreement and any other court order that might be in effect. Again though, it is strongly advised that you consult with an attorney in order to protect your rights and properly present your case to the Judge at court.
My office offers free initial consultations if you would like to discuss this matter further. If you would like to schedule a consultation, please contact my office. Related Questions1 Attorney answers: 
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