QUESTION

There has been a schedule change at work that affects my visitation a the mother denies trying to work it out. I haven't seen my kids in a month.

Asked on Aug 06th, 2018 on Family Law - Florida
More details to this question:
I have a visitation of every first, second and third week of the month. I pick up my kids at a set location at 6pm Friday and drop them off at 6pm Sunday's. I can no longer oblige that because I had a schedule change from overnight to 2pm to 10 PM on those two day. I am also long distance and this is our 4th change in three years because of the mothers change in jobs. I've always been pretty forced to change the schedule to her needs but now she will not do the same for me. I want to change to just the holidays and summer until I am able to make the move closer to them in about a year. We are a blended family but neither of us will give the kids over to the others spouse or parents. So I have to be the one to be there to pick them up. I can't lose my job it's how I pay support and for my family and I want to still have a good relationship with my children until I can move closer. I'm scared they'll try to make me sign my rights over to the mother or give me no visitation.
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2 ANSWERS

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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Your problem is very common in our mobile society. I am sorry that your spirit of cooperation with your ex’s work schedule changes has not been reciprocated now when you need it. (Note that in Florida, ‘visitation’ is now called ‘timesharing’. Same idea, new term.) Your schedule change and the suggestion you have offered -holidays and summers visitation only, down from three weekends per month- will result in a significant drop in your visitation time and possibly result in higher child support. Child support is calculated in part on the amount of overnight visits your children have with you. Here are some suggestions for you: First, do not sacrifice your job over this issue. You are correct that it is the source of income for both your child support and your new family as well. Second, you should contact a qualified parenting coordinator to see if you and your ex can work with the parenting coordinator to craft a new visitation arrangement that will offer you more than just ‘holidays and summer’ until your work schedule is more accommodating. Alternatively, if you cannot find a qualified parenting coordinator then locate a certified family mediator to meet with both of you as a neutral and see if a new arrangement can be drafted for approval by the court.  If all of those options just will not be feasible, you can return to court for a new arrangement, but this is the least desirable and likely most expensive option.  Your kids need a devoted dad like you, and you should not give up. Good luck!  
Answered on Aug 07th, 2018 at 7:33 AM

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Family Law Attorney serving Plantation, FL
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Dear Anonymous:    Life happens and jobs change.  It is unfortunate that the mother is not willing to accomodate you.  If she will not cooperate then you will need to file a Petition to Modify Timesharing Schedule in the court that originally entered the judgemnte governing your current timesharing schedule.    In the petition you can explain the situation.  I'd also add that you have accomodated the mother with HER schedule changes several times.   As far as "signing over your rights,"  unless you have "abused, abandoned or neglected" your children there is little chance of that.  Just make sure if  the mother wants you to sign something to resolve this that you understand what it says.  Any doubts, then you should at least go to an attorney to review the document and get some more advice as to how to proceed.   Best of luck to you. Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  
Answered on Aug 07th, 2018 at 6:31 AM

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