My daughter is almost 4 years old. I live in Florida, the father lives in NY. She is flown up to NY at least 4 times a year to visit him. He has only come down once to see her here in Florida, and only for 2 days. Having her going back and forth has created behavioral issues, as well as health issues. She comes home sick almost every time, caked in cigarette smoke, and is always acting out for at least 2 months, which is what it takes to stabilize her life again. It totally disrupts her life. Is there any way I can make it so that he has to come and see her instead? We went through a mediator with a written agreement we both signed, but it's been void since it was made. He hasn't stuck to anything. Please tell me I can make him come here! Thank you!
Gregory Thomas BuckleyDivorce / Separation LawyerGainesville, FL ·
To change the current Parenting Plan, you would have the burden to prove that the current plan is not in her best interests. Your best bet would be to speak with a family law attorney in your area to discuss your options.
Your mediation agreement - now a court order - is not voided because he's not following it. If he's not following the order, you (after consulting with a local family law attorney) can file a Motion for Contempt.
If your child is injured by the visits, you can request that the Court modify your Parenting Plan.
Leslie S Brady-AltenFamily Law AttorneyPort Saint Lucie, FL ·
I agree with the previous answers. If the parenting plan and mediation agreement are not being followed, this may be the substantial change in circumstance required to file a Petition to Modify. This is a complicated issue, and many attorneys offer free consultations. Good luck!
I agree with the other attorneys, the agreement is not null and void. You probably have grounds to seek a modification but you will need to be able to prove the health and behavior issues without using hearsay to do so. That may be difficult. You should consult with an attorney near you. Most attorneys like myself offer a free initial consultation. Good luck.
Sincerely,
B. Elaine Jones, Esq.
