Legal Question in Family Law in Florida
divorce
I have been divorced now for a year and my ex-husband is refusing vistation with my children just because he has primary custody due to my work schedule, calling the police doesn't help the situation I just wish he would grow up. I'm willing to change my schedule if I can get primary custody; Not only that he wanted the property and now it's in foreclosure since last year being that the loan is in my name is there any hope for me; Is there anyway to appeal or overturn the judgement
1 Answer from Attorneys
Re: divorce
In response to your question:
While there is much to explain in a situation such as this, I'm limited in time and can provide an overview as to your possible strategy.
As for not getting visitation...you can always file a Motion for Contempt if the former husband is violating the Final Judgment. You file the Motion, copy the other side and contact the Court to get a hearing date.
If you want to change the custody of the child, you can file a Petition for Modification. You can review the forms(or download them) from the Florida Supreme Court's website.
To prevail on a Petition to modify a provision of a Final Judgment, you have to prove at a trial, that there has been a substantial change in circumstances. If you can show the child's present living situation is causing detriment to the child, that would help your Petition. You may want to google Florida Statutes and go to chapter 61 (Family Law statutes), specifically section 61.13 which sets forth the factors the Court will consider in a custody determination.
'Hope this helps. If my office can be of assistance to you in the various counties in No. Fla., please give us a call. Tom Rosenblum
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