I'm not the custodial parent but i should have once a month visitations ( we live in different states) ex will not allow it.
Orlando, FL
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Posted 21 days ago in Child Custody
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If it's court ordered that I see my daughter but the ex won't comply how do I go around her so I can see her without issue, plus she has recently moved to another home, Without leaving/giving me an address.
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Answers (1)Lusan Cristi Llabona
This attorney is licensed in Florida.
Posted 12 days ago.
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Assuming you have a court order allowing you to have contact with your daughter on certain days, you should be able to enforce that order by filing a Motion for Contempt and Enforcement. It is very important for you to look at your court order and determine what rights and obligations it bestows on each of the parents. If the Order is specific about the dates and times that you are to have contact with your daughter, and the child’s mother is refusing to comply with the Court order, the mother may be found to be in contempt by refusing you access to the child. You are going to have to prove that you have made attempt to have contact with your daughter as provided in the Court order, and that the child’s mother has refused to allow you to do so.
You also mentioned that the child’s mother has moved without leaving you an address. Depending on where she moved, she may be in violation of Florida Statutes, Section 61.13001, which specifically prohibits a parent from relocating a child more than 50 miles from where the child was residing during the time that the last custody or time sharing order was entered by the Court. The law requires that the mother obtain your written consent prior to relocating more than 50 miles away, or obtain authorization from the Court to move. At any rate, as the father you are entitled to know where your child resides, as well as to have regular contact with the child as specified in your court order. Therefore, you may wish to enforce your rights by filing the appropriate motions with the Court. Please keep in mind that all situations are unique and that you may want to consult with an attorney and show him/her your court order before taking any legal action. |