Orlando, FL asked in Family Law for Florida

Q: My brother’s ex-wife never cooperated with the visitation rights. What can we do to get visitation rights?

He has attempted in the past to file injunctions and contempt of court. The motions have either gotten lost magically or dismissed. They are in Hardee County. The judge I believe is biased because the grandma is the Post Master and are friendly with each other. Yes, he owes child support but the amount they requested he pay was almost $500/mth and he doesn’t have a job, but that shouldn’t mean the ex-wife can make the decision for him not to see the child. What can we do to get a fair trial and hearing? They both live in 2 different counties.

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1 Lawyer Answer
Denise Martinez-Scanziani
Denise Martinez-Scanziani
PREMIUM
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: A petition for modification of a time-sharing schedule based on substantial change in circumstances (i.e. mother is obstructing and interfering with time-sharing) can be filed as a new case in the county where either parent currently resides or where the last order was entered. He may also need to petition to modify his child support. The longer he lets it go, however, the worse it will be.

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