Legal Question in Family Law in Florida

Child visitation/court order/misdemeanor

Ex-wife is not adhearing to court ordered visitation. 3 months ago I was convicted of a misdemeanor involving illegal drugs. Adjudication withheld was offered. In 3 more months I will be off of probation and adjudication withheld will be granted. If I attempt to file a motion asking the courts to enforce the order, while I am still under probation, can ex-wife use the misdemeanor against me? If I wait until probation is over and wait til adjudication withheld is final, can she still bring it up? She knows of arrest and conviction because of local newspaper.

Asked on 6/02/02, 6:48 pm

2 Answers from Attorneys

Alexis Parker Alexis Parker, Esq.

Re: Child visitation/court order/misdemeanor

The issue can be brought up as it can properly be argued that drug use etc. is relevant to the children's best interest while in your care.

That said, it does not follow that the arrest will prevent you from receiving visitation.

You should consult with an attorney to review all of the facts of your case with you.

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Answered on 6/05/02, 1:06 am

David Slater David P. Slater, Esq.

Re: Child visitation/court order/misdemeanor

The conviction will always be brought up. Face it. Get a letter from probation that you have fully cooperated. Speak to them for any other suggestions.

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Answered on 6/04/02, 8:45 am

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