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

Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I do not have the means to take care of him full-time as a single man, nor do I feel I am legally obligated. Can I file a motion to force her to take him back?

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3 Lawyer Answers
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
Answered
  • Divorce Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: File a Motion for Contempt.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I disagree. The previous custody order doesn't REQUIRE the mother to exercise custody; it gives her the right to have custody. Therefore, she is not in contempt of court.

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
Answered
  • Divorce Lawyer
  • Stuart, FL
  • Licensed in Florida

A: Sure, you can file a motion for contempt/enforcement. On the other hand, it might be beneficial to consider filing a modification action and pick up some child support along the way. Support should be retroactive to the date she stopped exercising access. Talk to an experienced family law attorney.

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