Previous paternity case with Child time-sharing and child support with a Final judgement. We did Not file for a dismissal or abated. Then we got back together and got married and lived together. After things didn't work out we are now divorcing. Back to time-sharing but a written out agreed to calendar month to month(between parents.. NOT submitted to court). This is different and more time sharing for me (father) than the previous paternity time-sharing case.
Now she wants to change time-sharing and go by the previous time-sharing agreement prior to our marriage. Isn't the paternity time-sharing case null and void since we got married after? We have been in Pinellas County the entire time. Now we have a divorce case on file and in progress. We have 2-3 months on calendar of time-sharing that is agreed to but Not submitted to courts. (More time for me father). But now being bitter, wants the next months calendar to go back to the old paternity child time-sharing case prior to marriage.
First, do you have a lawyer? If not, you need one - badly. Second, agreement from paternity case, although not enforceable in that case or the divorce case, is a piece of evidence that I assure you will be considered by the court if you don't reach agreement with wife. Last, until there is a signed agreement with your wife that is ratified by the court, you have nothing, no agreement, no timesharing agreement, nothing. The calendar, like the old agreement is a piece of evidence. Hire a lawyer.
I agree with Mr. Miller, YOU NEED AN ATTORNEY. If the calendar that was agreed upon by your and your wife contains sufficient detail to show that you have agreed upon a temporary timesharing agreement, it can be submitted to the court for approval pending either a complete agreement or final hearing by the court.
You need to have an attorney review the calendar of timesharing that was agreed upon so that he or she can determine if meets the criteria for an agreement as to timesharing, even on a temporary basis. If it does, it should be submitted to the court.
Again, this temporary agreement would have a significant bearing on the final timesharing agreement, as well as what the previous court ordered timesharing agreement was in the paternity case. All of the evidence should be reviewed by your attorney who can advise you on a strategy for moving forward with your divorce case.
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