QUESTION
ex-wife filed saying I violated our time sharing agreement when she has been the one violating the agreement. should i wait for court or file my own
Asked on Jan 03rd, 2020 on Child Custody - Florida
More details to this question:
ex-wife filed saying I violated our time sharing agreement when she has been the one violating the agreement. should i wait for court or file my own. I have police reports for each time has violated the agreement. I just need to know should I wait until the court date from what she filed or should I file my own also
2 ANSWERS
Child Custody Attorney serving Maitland, FL
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Due to the frequency and extent of these violations, it may be time to hire a family lawyer to file a Civil Contempt on these violations of the parenting plan. Often, attorney's fees can be reserved by the Judge, should it be determined by the Court that your former wife violated the agreement, thus causing you to bring the matter before the Court.
Answered on Jan 21st, 2020 at 8:47 AM
Dear Bendy:
If your ex filed a Motion for Contempt or a Motion fo Enforce your time sharing agreement, you should file a response to the allegations and file your own motion alleging how she has been violating the agreement. Most likely both hearings will be set at the same time if you file now and request a hearing. This will allow the judge to hear each party's allegations and make an appropriate decision.
Make sure you have records and other evidence (including witnesses, if applicable) of how she has violated the agreement, and allege same in your pleading as well as have this documentation ready to present to the judge once a hearing date is set.
Vest of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
Answered on Jan 08th, 2020 at 5:14 AM