What can I do if the NCP is in breech of our agreement?

Child Custody 5 views 2 answers
Our agreement states: The paternal grandmother will come to lake county two times a month for three months to have time with the child & The father will come to Lake County with the Paternal grandmother as time permits. Beginning May 2015, the father will have time sharing from Friday about 5:00 pm to sunday about 7:00 pm every other weekend. He hasn't shown up in February at all. Now it's March, he's asked me to take off two Saturday's and now he claims he cant come either Saturday and hasn't tried to come up with a date when he can come. Isthere anything I can do to prevent his mother and him from just showing up in May and taking our son? He's never met him before OR taken care of an infant. My sons not going to go for being away for a weekend with a man he doesn't know yet.

Attorney Answers

2
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
If you don't agree, then you need to go back to court and seek to modify the order. If this agreement was meant to slowly introduce the child to the father, and he has never met the child, then that seems like a good reason to go back. You could do a motion for enforcement, you could do a petition to modify...either way, I suggest you get an attorney to assist you with this.
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Joanna Mitchell ·
As stated by my colleague, it sounds as if the intent of the agreement was for him to be gradually introduced to the child. If he is not complying, you cannot force him to comply (cannot force him to see his child); however, his failure to do so could be grounds for a modification of the terms previously agreed upon. You should consult with an attorney.
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