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.

Related Topics:
1 Lawyer Answer
Denise Martinez-Scanziani
Denise Martinez-Scanziani
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.