Legal Question in Family Law in Florida

Florida law on time sharing? Can requests for overnights be denied if father hasn't seen daughter in over a year?

Asked on 5/12/13, 12:00 pm

3 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

As long as you haven't been keeping him from the child, I would suggest seeking to modify time sharing.

Child support is in large part based upon the number of overnights the parties have with the child. If he isn't exercising his visitation, then why should he be getting the benefit of any reduction is child support.

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Answered on 5/12/13, 12:28 pm

Brent Rose The Orsini & Rose Law Firm

A father can't legally be denied seeing his child if he has a court order allowing timeshare. It's not up to anyone but the judge to make the decision as to whether an unmarried father (or mother) sees a child. If a father has neglected seeing his child, the mother may want to seek change in the timeshare order from the judge, but the mother can't unilaterally make changes by denying timeshare.

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Answered on 5/12/13, 2:59 pm
John Smitten Carey and Leisure

It is not fair to the child for the father to be absent for over a year. You need to petition the court to have a set schedule in a court order.

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Answered on 5/12/13, 3:23 pm

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