What can a father do to make the mother let him see his child when it was already agreed to in the courts that he would see his child every other holiday and every summer.
Dear Ms. Hollin:
The father would have to seek a modification of the original Court order that ratifed the agreement for the current time sharing schedule. In order for the father to do so he will have to allege a substantial and material change in circumstances, and that the change to timesharing is in the best interest of the child. See; Section 61.13(3) Fla. Stat.
It is a relatively difficult burden to meet. However, regardless of the differences you have with your child's father, if you think that the child spending a little more time with the father may actuallay be good for the child, you can always enter into an agreement to let him have more time. Family law, and particularly any issue involving children, is a unique area of law in that a person making a request may not always be legally entitled to what he or she is requesting, but the parents may realize that, notwithstanding the law, a particular change may well be best for the child. In such instances, the Court will ratify the change as long as the parents agree.
Obviously, I know nothing about the particulars of your situation, so I just wanted you to know the options that are available. I am sure you will ultimately do what will be best for your child.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Miami-Dade: 954-316-3496
Boca Raton/Palm Beach: 561-962-2785
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