Fl visitation

[ProSeAgain]

What is the name of your state? FL

My final judgement of divorce was done in NC and was final in July, 2004. No where in it does it reference anything about custody or visitation of my two children, who are now 8 and 10. However, my ex and I signed a separation agreement prior to the divorce (which was not recorded as part of the final decree), stating that I had primary custody and that he had reasonable and liberal visitation. Now that we live only a couple miles apart, I'd like to formalize the visitation schedule, specifying specific dates for holidays, summer breaks, etc., so we don't have to re-do it every year. My question is this, since visitation was never court ordered, this would not technically be a modification, but rather a new order. How do I go about filing for this? I have downloaded all the forms necessary for a modification, but they say I need to have a order in place to use them. So, I'm at a loss as to how to proceed.

Thanks for any help any of you can give me regarding this.

 

[BS Spotter]

If an order for parenting time and/or parental rights and responsibilities has never been established, then it is not a modification...it's an establishment of. You or him (if you are the one w/primary custody, then HE should be doing this) need to get the proper forms for ESTABLISHMENT of parenting time. Then he should file them.

 

[ProSeAgain]

Thanks for your response. I understand that, as the NCP, my ex should be the one establishing the visitation order. However, I want to know if I can be the one who does it. I am tired of having to go over this same issue every month or two. I understand that, even with an order in place, he doesn't have to exercise his right to visitation, but think a lot of the headaches will be eliminated if we had something very specific in writing.

 

[BS Spotter]

You certainly can, but if you do and he does not show up for any of the hearings, then the case is dismissed. So, you'd be wasting your time and money. You should ask him about it and suggest to him that it's in EVERYBODY'S best interest to have a set parenting time schedule in place via the court's. Most courts have their own plan when parent's don't agree, so you should look into that and run that by him.

 

[Zephyr]

You certainly can, but if you do and he does not show up for any of the hearings, then the case is dismissed. So, you'd be wasting your time and money. You should ask him about it and suggest to him that it's in EVERYBODY'S best interest to have a set parenting time schedule in place via the court's. Most courts have their own plan when parent's don't agree, so you should look into that and run that by him.

are you sure? I was under the impression that if he is properly served, and neglects to attend the hearings then she would get a default judgement

 

[BS Spotter]

are you sure? I was under the impression that if he is properly served, and neglects to attend the hearings then she would get a default judgement

That's a good point...especially if a parent was really going for a restricted parenting time schedule.