Miami, FL asked in Family Law and Child Custody for Florida

Q: I’m seeking to modify suspension of timesharing

I’m a mother of 3. In 2013 I was legally divorced from my children’s father and I had majority custody while he had every other weekend timesharing. I fell upon hard financial times and moved into a 2 bedroom apartment at which time my ex husband took 2 of our three children to live with him. He then filed for a modification of timesharing in 2015. He stated in the petition that I did not have proper housing to accommodate our children. I never answered the petition I received in October 2015. I went to jail on March 6, 2016 and was incarcerated until february 2019. The modification petition was entered into the courts on April 5, 2016 and noted that the mother did not show up so the father was granted the modification. But he never told the judge I was incarcerated and I had no idea when the court date was.

Anyway, my ex husband had custody of the two children and in May 2018 he contacted my parents in Michigan because he wanted them to take our daughter to live with them

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You need to return to the court that issued the last timesharing order and ask for a modification. Once in court you can explain your situation and get a new schedule with the children moving forward.

Bruce Alexander Minnick and B. Elaine Jones agree with this answer

B. Elaine Jones
B. Elaine Jones
Answered

A: I agree with Attorney Lieber. Call one of the JUSTIA attorneys today. Most give a free initial consultation. Call one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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