What to d if I currently have joint custody with my baby’s father but he has never followed the visitaion guidlines?

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What to d if I currently have joint custody with my baby’s father but he has never followed the visitaion guidlines?

My baby is currently with her grandmother in another country and the father is no longer giving me what we agreed on on our divorce. Can I still put child support enforcement even thought she;s currently not here?

Asked on November 23, 2012 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a couple of different sub-parts to your question, and each has a slightly different answer.

First, if the father is not following the visitation schedule and it is negatively affecting the child, then you can file a motion to modify the court orders.  You can have them modified to reduce the negative or potentially negative impact on the child.

Second, if he is failing to pay child support, you can file a similar motion to enforce the child support obligation.  However, keep in mind that if the child is living most of the time with grandmother (as opposed to just visiting for a while), that he could also request a motion to modify and request the opportunity to raise his child, since she is staying with a non-parent anyhow. 

Third, if he is not complying with other provisions, then you can file a motion to enforce any agreements that were incorporated into the final decreee.  This is similar to the motion to enforce the child support, except the purpose is to enforce a different provision. 

Bottom line, you can file, but if the child is being raised by someone else, you could find yourself in a messy custody suit.


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