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What is the criteria, in shared parenting plan, to switch the parent who has majority of time/ residential parent?

Coral Springs, FL |

We divorced in 09. Years later: I have been taken to court over false domestic violence claims, it was tossed out and the judge was confused at how she got a temp restraining order to begin with. She filed false accusations with DCF, i was investigated- nothing came of it. Each time she wants to make her cases she files false abuse claims like when she wanted to move out of state and I wouldnt give her sole custody of our son. She is vindictive and at my visitation pick up, she called the cops for trespassing because i was on her property for the pick up (designated place in divorce decree). She paints our 5yr old son's nails for each of my visitations. She tells our son that I forgot him and his mother and do not love him! She threated to due harm on my fiancee if she takes off his nail polish again. She writes online that she wants me to have no job, no child, be kicked out of military and be in federal prison. Her new ex husband will testify on my behalf. He has majority time of their son. She was in mental hospital for month an half- found out much later. She has manic depression and she wrote to her new ex- husb. that she just doesnt want me in her life and was going to disappear w/ our son to a different state than the one she petitioned to move to. She makes brash decisions and always makes disparaging comments to my son about me. She has refused all court ordered contact even nightly phone contact. She shoves me and throws rocks at my car at visitations. My son acts out because of this stress. He's expressed this to me.I dont want to take away him from her. I just want him in a safe and healthy environment. A change of majority time will change that.

Attorney Answers 2


  1. Best answer

    Based upon what you have stated you have the grounds to file a Petition for Modification of the Final Judgment regarding the parenting plan and time sharing as well as a Motion for Contempt. I would also suggest that you begin video taping the exchanges of your son between you and your ex-wife. You would also be well advised to retain an attorney for the action as modifying an existing parenting plan and time sharing plan is one of the more difficult things to do in court.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.


  2. This is a real problem more for your son's future than for the problems he is experiencing today with his vindictive mother's behavior. My office has developed a Custody Modification Tool which is part of the work product we use with our clients who want to modify custody. This will help you evaluate whether you want to invest money in the serious attorney fees necessary to properly address this matter. Call me at 954 522 1922 if you wish to discuss this further.

    DISCLAIMER STATEMENT FOR ANYONE READING THIS BLOG OR QUESTION POSERS ON AVVO: The response to questions posted on facebook which are responses to questions submitted by anonymous persons on AVVO are in no way intended to establish any form of attorney-client relationship with either the anonymous AVVO question submitters or any facebook readers nor should they rely on this information in any pending legal matter. The responses given are deemed as responses to general questions and fact scenarios posed as an educational exercise only, should in no way be deemed legal advice provided to any persons in states in which the author is not licensed to practice law or viewed as a solicitation of clients from those states in which the author is not duly licensed to practice law, should not been deemed as psychological counseling advice or psychological advice for which this author is in no way qualified to provide nor should any reader rely on any such information without first seeking advice from an attorney at law, licensed in the state of the reader’s residence in regard to any information posted or from a licensed qualified psychiatrist, psychologist, mental health employee, licensed clinical social worker, marriage counselor or other persons licensed by their respective state to provide mental health advice. To the best of the author’s knowledge the questions may well be generated for pedagogical purposes only and not necessarily posted from real persons seeking legal advice.

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