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My brother has split custody & pays child support. When he is supposed to pick up his son she says no. In Florida what can he do

Orlando, FL |

The mother spends no time with her son. She is always away from home and leaves the child with his 80 year old great grandmother. My brother has made many attempts to see his son & she will agree to let him have him but when he gets to the meeting location she let's him sit there waiting for them to arrive for hours before she will call and say she isn't coming. what rights does he have? What's his next step?

Attorney Answers 3

  1. He should file a motion for contempt and starting documenting all of the other parent’s lack of cooperation and ability to follow the parenting plan with the court. Also, he may want to file a petition to modify the time-sharing agreement. He should look at hiring a local attorney to assist him with his situation.

    JMP Law, P.A.
    Juna M. Pulayya

    Legal disclaimer: This response does not create an attorney-client relationship. You should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about my qualifications and experience. Transmission of the information in this web site is not intended to create, and receipt does not constitute, an attorney-client relationship.

  2. If your brother has split custody there should be orders that can be enforced. Contact skilled counsel in your area much like my fellow counsel who answered this question before me.

    This information provided is in the nature of general information and in no way creates an attorney client relationship with anyone including the individual who posted the question.

  3. Your brother should carefully read with, and take the order which gives him split custody to, a lawyer of his choosing to review it in detail to determine if it can be enforced in court against his ex and/or if it needs to be modified in some way to clarify his rights. Ask him to keep a written diary or log of when he goes to pick up the child and is denied. Ask him to purchase an item in a store around the place where he is to meet the mother to pick up the child and to keep the receipt showing the date and time for further evidence to the Court of non-compliance.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    (407) 649-1404
    Practice areas:
    . Family law,
    . Personal injury,
    . Probate, and
    . Immigration.

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