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floridasun81 · Apr 17, 2009, 08:17 AM

It seems to be that in Florida, fathers have no rights to their children. They are only referred to as the non-residential parent. My Fiancé and I are trying to get more visitation with his son. He was never married to the woman and she controls everything about his visitation. She changed her number and kept him for a year without letting my fiancé see him until he filed for relief. They agreed in court on the state minimum visitation - 1 weekend every other week and Wednesday night through Thursday. We cannot afford a lawyer and she has chosen only to give him the 1 weekend every other weekend. She also ignore all of the state minimum requirements of his rights. We have a nice house, he has his own room and plenty of toys to play with. She lives in a trailer with her verbally abusive grandmother and he is restricted to only be in his bedroom or in the kitchen. We have filed a contempt of court but we don't seem to get anywhere. Any advise?

ScottGem · Apr 17, 2009, 08:53 AM

Keep filing for contempt. Keep an exact journal of the attempts to exercise visitation rights.

It sounds like the courts ARE providing relief. They ordered a specific visitation schedule didn't they? What happened at the last contempt hearing?

Do you want to try to get primary custody?

floridasun81 · Apr 17, 2009, 09:02 AM

We are hoping to get at least 45% custody if not primary. From what we have been told by lawers is that in order to get primary customer in Florida, he would have to be married & making over $100,000 per year in order to even try. Then it would cost us over $10,000 in legal fees to fight for it. When she kept his son for a year, the courts didn't even slap her on the wrist. In fact, they limited his visitation even more so they could be reintroduced- his son was only 2 yrs old. Nothing really happens when we file contempt. They basically just tell her to follow the visitation schedule and rush us out.

ScottGem · Apr 17, 2009, 09:55 AM

Well part of this is what happens when you go without an attorney. An attorney will know the tricks to get you listened to. But the only thing you can do is keep trying. Keep a journal of each scheduled visit according to the court order and detail exactly what happens. Don't go to court for each violation, but when you accumulate a half dozen or so, then go to court and show the violations. If the judge does nothing to put teeth into enforcing the order, then ask why or ask for another judge.

floridasun81 · Apr 17, 2009, 11:12 AM

Originally Posted by ScottGem

Well part of this is what happens when you go without an attorney. An attorney will know the tricks to get you listened to. But the only thing you can do is keep trying. Keep a journal of each scheduled visit according to the court order and detail exactly what happens. Don't go to court for each violation, but when you accumulate a half dozen or so, then go to court and show the violations. If the judge does nothing to put teeth into enforcing the order, then ask why or ask for another judge.

This is great info. Thank you!

ScottGem · Apr 17, 2009, 11:23 AM

Good luck and keep us posted.

By the way you should be able to combine a contempt hearing with the request for modification of the support order.

floridasun81 · Apr 17, 2009, 11:35 AM

They have already told us we can't even though the cases are combined already. Thank you for your help!