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How do I handle an issue with visitation if mediation is scheduled for a separate issue?

Lake Mary, FL |

My ex an I have mediation coming up regarding him requestiong a reduction and/or abatement of child support. In the past, we have many problems with the children visiting his family out of state. Not receiving proper care, being denied medications, etc. Last year, he fought for summer visitation that conflcited with my wedding which my children were in. He accused me of Contempt because he couldn't have that weekend, then my legal fees went very high defending myself. Because I already had a case against him with concerns for their well being while with his family, the judge declared we would each pay our own legal. This time, I will go into mediation without an attorney, due to finances and child support issues.

His attorney said if I mentioned anything other than child support , she would again cite me for Contempt and ask for legal fees. My children have only been out of state with his family for one day and I am already receiving calls from my daughter that she is having medical issues again and her father is again questioning and/or belittling her for it. Aditionally, her father is drinking while there, which has been another past issue. With mediation coming up but not of this being set to talk about, do I: A) contact his attorney, B) contact him or C) wait until mediation? I am concerned for their well being but cannot afford being cited with Contempt as I am still paying down the legal fees due to last years Court hearing. And no, I do not have someone I can borrow the money from.

Attorney Answers 3


  1. If only child support is at issue then the mediator is only going to discuss child support. If there are issues outside of that, then you will need to file your own action/motion with the court. As much as you are not going to like to hear it, an attorney is always recommended for cases like this.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  2. Fighting is expensive. While you are sitting together in mediation I suggest trying to work out all your issues.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button


  3. Only what has been pleaded will be addressed. You may want to speak to a local attorney.

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