Modification of Final Judgement for Child visitation

[Jcolon515]

What is the name of your state (only U.S. law)? FL

My boyfriend's has not seen his son in 6 months. He'd like to file the Modification of Final Judgement. The reason he hasn't seen his son is b/c the mother is stating that the child is not allowed to visit with the father while b/c he lives in Tampa now instead of Miami. He was laid off work on 4/1 and applied for jobs everywhere, he landed a job in Tampa. Prior to him offficially moving here she would allow the child to come here and visit every other weekend. Since then he has asked the mother continously can he pick up his son to visit and bring him to our home and she says no, and that he has to take a week off of work if he wants to keep him for a week and so forth. She will allow his sister to pick up his son and keep him for days sometimes even a week or two because she lives in Miami.

My question here is a-when filing the modification of final judgement does she have to be served? Or can we send a certified copy of the paperwork filed with the court and that would suffice? B-isn't it illegal to keep the child away from the father?
Thanks!

 

[Proserpina]

What is the name of your state (only U.S. law)? FL

My boyfriend's has not seen his son in 6 months. He'd like to file the Modification of Final Judgement. The reason he hasn't seen his son is b/c the mother is stating that the child is not allowed to visit with the father while b/c he lives in Tampa now instead of Miami. He was laid off work on 4/1 and applied for jobs everywhere, he landed a job in Tampa. Prior to him offficially moving here she would allow the child to come here and visit every other weekend. Since then he has asked the mother continously can he pick up his son to visit and bring him to our home and she says no, and that he has to take a week off of work if he wants to keep him for a week and so forth. She will allow his sister to pick up his son and keep him for days sometimes even a week or two because she lives in Miami.

My question here is a-when filing the modification of final judgement does she have to be served? Or can we send a certified copy of the paperwork filed with the court and that would suffice? B-isn't it illegal to keep the child away from the father?
Thanks!

Any chance Dad can come on and ask his questions? He'll know all of the relevant facts.

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? FL

My boyfriend's has not seen his son in 6 months. He'd like to file the Modification of Final Judgement. The reason he hasn't seen his son is b/c the mother is stating that the child is not allowed to visit with the father while b/c he lives in Tampa now instead of Miami. He was laid off work on 4/1 and applied for jobs everywhere, he landed a job in Tampa. Prior to him offficially moving here she would allow the child to come here and visit every other weekend. Since then he has asked the mother continously can he pick up his son to visit and bring him to our home and she says no, and that he has to take a week off of work if he wants to keep him for a week and so forth. She will allow his sister to pick up his son and keep him for days sometimes even a week or two because she lives in Miami.

My question here is a-when filing the modification of final judgement does she have to be served? Or can we send a certified copy of the paperwork filed with the court and that would suffice? B-isn't it illegal to keep the child away from the father?
Thanks!

What does the court order say about visitation? It really would be easier if he logged on himself and asked these questions because he would have all the details. If she is refusing his visitation and it is court ordered he could file for contempt. Since he has moved he can file for long distance visitation plan. (I'm to lazy to look up how far it is from Miami to Tampa) so how far is it?

 

[Jcolon515]

What does the court order say about visitation? It really would be easier if he logged on himself and asked these questions because he would have all the details. If she is refusing his visitation and it is court ordered he could file for contempt. Since he has moved he can file for long distance visitation plan. (I'm to lazy to look up how far it is from Miami to Tampa) so how far is it?

Thanks for the quick reply. I wish he could, but his work hours are crazy and therefore he doesn't hardly get a chance to get on a pc. I do know ALL of the details and have a copy of the final judgement with me. Basically it states the following:

Petitioner has visitation as follows:
Commencing on Friday 2/20 and every other weekend therefafter from friday 7pm to sunday 8pm
Commencing on Tuesday 2/24 and every tuesday thereafter 7pm to 9pm
Commencing wed, 2/18 and every wed from 7pm to 9pm.

This was finalized 5/19 and he moved to Tampa 5/25. It does not state anything about not being able to take him where he chooses and so forth. This is one of the things the ex wife keeps stating is that he can't take him wherever he wants. It has to be where SHE says is ok. I will add also, that all of the problems started after he officially moved here to Tampa.
From Miami to Tampa is a 3 hour and 45 minute drive.

 

[Hisbabygirl77]

Thanks for the quick reply. I wish he could, but his work hours are crazy and therefore he doesn't hardly get a chance to get on a pc. I do know ALL of the details and have a copy of the final judgement with me. Basically it states the following:

Petitioner has visitation as follows:
Commencing on Friday 2/20 and every other weekend therefafter from friday 7pm to sunday 8pm
Commencing on Tuesday 2/24 and every tuesday thereafter 7pm to 9pm
Commencing wed, 2/18 and every wed from 7pm to 9pm.

This was finalized 5/19 and he moved to Tampa 5/25. It does not state anything about not being able to take him where he chooses and so forth. This is one of the things the ex wife keeps stating is that he can't take him wherever he wants. It has to be where SHE says is ok. I will add also, that all of the problems started after he officially moved here to Tampa.
From Miami to Tampa is a 3 hour and 45 minute drive.

Ok so the old schedule will not work for a distance like that. He needs to get back to court and file for a long distance parenting plan. The mom just so know does not get to dictate where dad takes the child. Does she have dad's address and phone number? If so that would be enough. A court order is not based on if mom or dad says its ok. It is just that an ORDER.

That being said he is not going to be able to maintain his visits as stated from this distance. He needs to go file as soon as possible. If he waits to long and has to long of a span of time not seeing his child that will make it so he gets less time in the long run.

 

[Jcolon515]

Ok so the old schedule will not work for a distance like that. He needs to get back to court and file for a long distance parenting plan. The mom just so know does not get to dictate where dad takes the child. Does she have dad's address and phone number? If so that would be enough. A court order is not based on if mom or dad says its ok. It is just that an ORDER.

That being said he is not going to be able to maintain his visits as stated from this distance. He needs to go file as soon as possible. If he waits to long and has to long of a span of time not seeing his child that will make it so he gets less time in the long run.

That's what he is working on now. He has the paperwork, only thing he is trying to figure out is can he send the copies that are filed via certified mail to her or does she have to be served by personal service?

She definitely has Dad's address, phone number. He has tried to tell her that she cannot dictate where he can and can't take the child but she doesn't care. It's even gotten to the point where the sister of the father has to lie about whether father will be around for certain occasions b/c if she states he will be the mother states that the child can't attend the event. Sad

 

[Isis1]

That's what he is working on now. He has the paperwork, only thing he is trying to figure out is can he send the copies that are filed via certified mail to her or does she have to be served by personal service?

She definitely has Dad's address, phone number. He has tried to tell her that she cannot dictate where he can and can't take the child but she doesn't care. It's even gotten to the point where the sister of the father has to lie about whether father will be around for certain occasions b/c if she states he will be the mother states that the child can't attend the event. Sad

dad needs to check his court for local rules and procedures to learn the process of service. it varies from state to state.

 

[sometwo]

It's even gotten to the point where the sister of the father has to lie about whether father will be around for certain occasions b/c if she states he will be the mother states that the child can't attend the event. Sad

But father can come see child you said right?

Mom just has a problem with child going 3 1/2 hours away correct?

What's the big deal if father is in town when sister sees child then?

 

[Ronin]

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.905(a)
SUPPLEMENTAL PETITION TO MODIFY PARENTING PLAN/ TIME–SHARING SCHEDULE AND OTHER RELIEF (03/09)

http://www.flcourts.org/gen_public/family/forms_rules/905a.pdf

 

[Jcolon515]

But father can come see child you said right?

Mom just has a problem with child going 3 1/2 hours away correct?

What's the big deal if father is in town when sister sees child then?

The big deal is that for holidays or vacation times he can't pick him up and bring him HOME to where HE LIVES. She wants him to STAY in Miami and take time off work to be with him. He didn't have a problem seeing him every other weekend but once he started working, his schedule is NOT the same so therefore since it varies she doesn't like it. So purposely she'll allow the sister to pick the child up when its a weekend he works.