I'm a custodial parent in fl and needs to know my right spoke with a lawyer but she wasn't so helpful so I want to know what all can a custodial parent do without having to notify the non custodial parent and can a custodial parent lower visitations for a non custodial THE COURT HAS NO SAY SO IN THE VISITATION RIGHTS we are doing this between each other the court is only involved in child support can a custodial parent change the child primary dr and location of daycare without non custodial parent approval when I said lower visitation I mean at least 2-3 weekends amonth?? Do the custodial parent has more of a say so then then non custodial parent and if the non custodial parent wants to go out of town or state with the child do the non custodial parent have to get the custodial parent permission?? Can someone please educate me on this new fl law for a custodial parent because all I hear and see is rights for non custodial parents

If the court has not ordered specific visitation, then you the custodial parent can change it. However, if the NCP disagrees, he can go back to court and ask that the court order a specific visitation schedule.

If you have joint legal custody, then you do need to agree on changing doctors or other aspects of child rearing.

As for moving, if visitation exists you can't move without court approval.

These are general laws that are applicable in any state. What new law are you referring to?

Yes, has the court given you custody ? If not, you don't even really have legal custody.

If there is no visit agreement, you can change it or not allow it at all, but if you do anything unreasonalbe, it will look bad in court if they other party takes you to court.

You really need to get it though court, since it can always change from day to day, or hour to hour,a and that isn't ot right or fair to the child either

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Originally Posted by ScottGem

If the court has not ordered specific visitation, then you the custodial parent can change it. However, if the NCP disagrees, he can go back to court and ask that the court order a specific visitation schedule.

If you have joint legal custody, then you do need to agree on changing doctors or other aspects of child rearing.

As for moving, if visitation exists you can't move without court approval.

These are general laws that are applicable in any state. What new law are you referring to?

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The court hasn't ordered any visitation on my situation we only have a hearing for child support I know I can't move more then 50 miles from ncp however where I'm staying its about an hr to get to ncp depending on comutt and the ncp won't meet me or my way and I'm low on cash so I can't make it every weekend we don't have no joint custody just dor said that I have custody prim residence for child that's it can't afford an lawyer for anything else right now and ncp threathen to leave fl **honestly I just want to move on with my life with my child but let the ncp see the child time to time because the ncp is very controling and starts problems because of a past relationship

First please don't use text speak here. This is not a chat or IMs. We type in full words and sentences here. If you want help you need to be clear about the situation.

If all you were told (and its not clear who told you) that you have primary residential custody, then its very likely you have joint legal custody.

He is the father of your child and that gives him rights whether you like it or not. So you either work with him or go to court to establish the rules.

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Originally Posted by Fr_Chuck

yes, has the court given you custody ? if not, you don't even really have legal custody.

If there is no visit agreement, you can change it or not allow it at all, but if you do anything unreasonalbe, it will look bad in court if they other party takes you to court.

You really need to get it though court, since it can always change from day to day, or hour to hour,a nd that isn ot right or fair to the child either

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I don't want to stop visitations at all just want to know that it I make visitations 2 or 3 weekends out of a month will that be OK on my part I can't pay a lawyer to fight for me

I know its not fair for the child that's why I want to have it to where the child know my home is with the cp and I visit the ncp and have a relationship with the ncp as a parent it hurts that the child is going through this being tosed back and forth

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Originally Posted by ScottGem

First please don't use text speak here. This is not a chat or IMs. We type in full words and sentences here. If you want help you need to be clear about the situation.

If all you were told (and its not clear who told you) that you have primary residential custody, then its very likely you have joint legal custody.

He is the father of your child and that gives him rights whether you like it or not. So you either work with him or go to court to establish the rules.

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dor=department of revenue
WE Don't HAVE JOINT CUSTODY OF THE CHILD

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Originally Posted by laytoral

dor=department of revenue
WE DONT HAVE JOINT CUSTODY OF THE CHILD

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Look, you are asking us for help because we have more knowledge in this area then you do. There are two types of custody; Legal and Physical. You clearly have primary PHYSICAL custody. But unless you have a court document that says you had full legal custody then you probably have joint LEGAL custody.

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Originally Posted by ScottGem

Look, you are asking us for help because we have more knowledge in this area then you do. There are two types of custody; Legal and Physical. You clearly have primary PHYSICAL custody. But unless you have a court document that says you had full legal custody then you probably have joint LEGAL custody.

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OK here's the thing we haven't went to court for any custody orders because fl state is going to put him on child support they told use that they don't handle custody situation and go to a circuit court until we do that is it true that joint legal custody don't apply to use


I'm trying to do what's in the best interest of the child and do right by the law thanks for you help and advice

Okay first, you are very hard to understand. Please, please, please use some punctuation so we know where one thought ends and another one starts. Next, the department of revenue dosen't have anything to do with court ordered visitation or custody they are probably telling you how you are to file your taxes. You don't have to have a lawyer (it is a plus but not a requirement) in court. You really need to go to court to get this all down on legal paper so that each of you know exactly what rights you have. Also, keep in mind that a court won't order you to pay for all of the visitation travel expences unless it is your fault that the expenses increased (such as moving farther away).

Again, you need to review your posts so they are more understandable.

You aren't paying attention here. A child has TWO parents. Until a court rules otherwise BOTH parents have joint legal custody. That happens by default. So if you haven't gone to court that's the situation.

I don't understand how the Dept of Revenue figures into this, unless enforcement of child support is their responsibility. But even if that is the case, they need a court order to
Enforce. Unless Florida does things differently from every other state.

So what you are telling us makes little if any sense. Here are some fact as I am aware of them.

1) Until a court says otherwise both parents have joint legal custody AND joint physical custody. For you to LEGALLY by the custodial parent a court has to rule so.

2) Courts can issue a support order without dealing with custody and visitation issues. It may also be possible for a government agency other than a court to issue a support order and a primary physical custodial order under statutes. This may be especially true if you apply for public assistance. But that wouldn't change LEGAL custody.

So you need to understand EXACTLY what is happening and what you are being told. If you are being told something is according to law, get the exact code and statute so we can verify it.