Legal Question in Family Law in Florida
Complete Letter says:
This cause came to be heard before Magistraate "Judges Name", upon the former Husband's Motion for Civil Contempt/Enforcement. The Magistrate filed a Report and Recommendations. The Court having considered the Report of the Magistrate and it's finding, the pleading herein, and being further advised in the premises, it is hereby, ADJUDGED: 1: The Report and Recommendation of the Magistrate is hereby accepted by this Court, and incorporated herein by reference. 2. Former Husband's Motion for Civil Contempt/Enforcement is DENIED. 3. All other provisions of the existing Final Dissolution of Marriage and subsequent orders shall remain in full force and effect with no other changes. DONE AND ORDERED.
My question is on line 3. My ex has kept my child from me and I haven't seen him in over 4 months, and he requested full custody. Does this mean that the original time sharing is in full effect and he is denied? He is refusing to give me my son. should I file contempt?
4 Answers from Attorneys
Seems that way to me. You can file.
Cannot answer without reviewing your paperwork. See a lawyer immediately.
It means all terms of the final judgment not superseded by the GM order remain in effect.
Two points: Was there any discussion as to the custody? If not, then what ever was listed in the Final Judgment is the procedure to be followed. Second: If he is not following the Final Judgment you need to file for a pick up order and put him in contempt ASAP.
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