I have an order for visitation where I meet him half way from Homestead, FL to Naples, FL. He recently moved to Tampa, FL and is stating he needs to change the meeting spot. Due to my job *work nights I am unable to meet half way from Homestead,fl to Tampa,FL. As of right now I drive 1 1/2 hrs to and back to current meeting spot. Half way between Tampa and Homestead would be over 3 hours and another 3 hours back. We meet every other weekend. Should I hire a lawyer? To make my point regarding my concern to the court? Also he did not file anything to the court for the move. Moved there without a job.
Yes, you do need an Attorney to assist you if the father files contempt action against you for refusing to meet him half way this time around. You do not have to meet him half way since the Order says Homestead and Naples and he did not file for modification of the meeting place with the Court before he moved. You have no obligation to meet him half way between Tampa and Homestead.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
This would constitute a substantial change in circumstances warranting modification. The ONLY question as I see it is whether you only have to drive an hour to the halfway point to Naples, or you have to drive 1:45 to the halfway point to Tampa. Naples to Homestead in 2 hours, NOT 3. Tampa IS NOT 6 hours from Homestead, it is 4. So I think your times are slightly exaggerated.
I would let HIM file the Modification, not you.
In order to change the meeting spot the Father would need to get the Order modified by a Judge. As of now, your only obligation is to meet him at the meeting spot designated in the Order. If he is able to obtain the modification then you would be required to drive the extra distance. Right now you don't need a lawyer, but if he does file a Petition for Modification, then you should certainly get in contact with a family law attorney in your area.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline