I was granted a permanent and full restraining order with 100% timeshare, responsibility and exclusive use of our rental home. I was told by the judge to create a safe way to allow contact for exchange of the child. We use my parents house as neutral ground. It has been five weeks and my ex-spouse has not secured his own housing. I am worried that where our son is staying while he is with ex-spouse is not safe, nor comfortable. Can I, should I disallow overnight timeshare until he has a permanent residence? Ex spouse has been in contact with my mom and tells her he will not get a place until he knows where I will be moving to. I cannot stay in the rental residence I was granted because I cannot afford to and I do not feel safe with ex-spouse knowing where I live.There is no parenting plan in place, and the injunction reads 'to be determined in family court'
It is difficult to give you a definitive answer without reading the order. You indicated this was your ex-spouse, if the Injunction for protection (restraining order) modifies a final judgment incorporating a parenting plan, then the language would be critical to answering your questions.
Florida's child custody statute states that "It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child."
Wrongfully denying the father contact with his children could come back to bite you. I would strongly recommend that you consult a family lawyer to review the orders entered in your dissolution of marriage as well as the permanent restraining order and advise you how to proceed with contact with your child.
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I agree with Mr. Feurstein. The review of he Final Judgment is the first step in making any determination of this kind. Moreover, if your interpretation is incorrect, the consequences of making decisions based on such an interpretation could be quite severe. Good luck.
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
I agree with Mr. Feuerstein. You need to consult a family law attorney and have them review the order of protection to determine what was and wasn't ordered. You may need to file within the family court for a timesharing schedule which is best for the children. If you have reason to believe that the child is in danger of physical harm with your ex, you can ask that the court not grant overnight visits until he secures stable housing. If you were granted an injunction, you can ask that your address remain confidential so that your ex does not have access to your new home. you can use your mother's home or a police station to do the exchange of your child. Completely denying contact between the child and your ex would not be helpful to your case. The sooner you contact a family law attorney, the sooner you can establish a safe and secure timesharing schedule for your son.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
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