Legal Question in Family Law in Florida

I have a temporary time sharing court order that was issued in July 2009. My daughter is 3 years old now and is to go back and fourth to me and her father every other week in the order. In August of 2009 me and her father got back together. Then, in January 2010 he was arrested for battery by strangulation on me. This all happened in front of my daughter. He was released from jail in the end of May 2010. Since that time we have agreed that he gets her every other weekend. Now he want to go back to the court order and is telling me that if I dont do every other week then I will be in contempt of court. Is this true and what would I need to do to get it where he has her during the summer and I get her every other week and I have her during the school year and he gets her every other week?

Asked on 5/26/11, 6:46 am

3 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

If there is already a parenting plan in-place that has been ratified by the Court, then you need to pursue modifying it through the Court.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a “do over” if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

Read more
Answered on 5/26/11, 7:15 am
Thomas Rosenblum Rosenblum Law Offices


You both have to follow the last Court Order. If I understand your explanation above, the two of you have agreed to some other pattern and now are having a conflict. If this is correct, one or both of you need to file a Petition to Modify. If the last visitation pattern is what you want, the fact that he agreed to it and it was in place for a while will help your case.

If my office can be of any assistance in North Fla., please give us a call. Tom Rosenblum

Read more
Answered on 5/26/11, 9:18 am
Carolyn Jones Law Office of Carolyn R. Jones

In order to protect your interest you will need to File a Supplemental Petition to Modify. You should do so right away.

If you have questions feel free to give my office a call.

Read more
Answered on 5/26/11, 11:47 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida