QUESTION

Do i have to let my daughter go on week night visitaions during school days if we verbally changed the agreement?

Asked on Feb 21st, 2016 on Family Law - Florida
More details to this question:
We have a court order agreement for visitations. he gets her every other weekend and every tuesday overnight. This agreement was done when she was 18 months old. she is now 7 years old and at the age of 5 we agreed no over nights during the week and every other friday she went early at 330. it was all fine until he quit coming to get her for 6 weeks and now is stating i am taking his visitations. we have been doing this agreement for more than 2 years plus we live quite far apart and he isnt home to take her to school as he goes to work at 330 am and his gf takes her kids to school, they cant ride the bus as they dont go to a school in their district. I have school age kids of my own and cannot pick her up at 530 am every wednesday. we live 30/45 minutes apart. her school starts at 8 am so does his girlfriend's kids school as their all in elementary school.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
   The short answer is that typically (unless your agreement states that a verbal agreement is binding) the written terms of a cour order for child timesharing governs.  It is difficult to make an agreement when a child is 18 months old that will cover all the changes that occur between the parties (ie: moving further apart, job changes) and the changes that occur with the child's schedule.   So, you can insist that the parties go back to the court ordered time sharing.  If either party wants to change what the court originally ordered, then that person will have to go back and file a supplemental petition for modification of timesharing.    Now, as a practical solution (!) you could suggest that he and you go to mediation where a skilled mediator could assist with helping both of you come up with an alternative schedule that makes sense for each party's life and the child's situation.  if you reach an agreement, it can be memorialized in writing and then submitted to the court.   Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com   
Answered on Feb 21st, 2016 at 6:34 PM

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