Palm Bay, FL asked in Child Custody, Divorce and Family Law for Florida

Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and recommendation at our prior hearing in February 2020. My ex-husband has three cats and two dogs in his home and is not doing anything to eliminate or minimize my son's exposure to his known allergens. He does not have an epi pen available, nor does he have appropriate medications that may help if my son has a reaction. He has demonstrated on multiple occasions that he is more concerned with getting back at me for leaving an abusive situation and I believe he will do everything he can to continue exposing my son to his allergens as a way to exert his control. Normally I know what to file when it is needed, but I don't know what to file this time to ensure my son's safety. Help!

1 Lawyer Answer
Pamela J. Fero
Pamela J. Fero
  • Divorce Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: File a petition to modify time sharing.

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