Under existing Florida law, if a parent fails to honor a time-sharing schedule without any proper reason, then the court is required to determine the amount of time which was denied to the other parent and then award the lost time to that parent. The court will take into consideration the best interests of the child and will try to schedule the compensation of the lost time in a manner convenient for all involved. However, any ensuing expenses will be borne by the parent who did not honor the time-sharing agreement.
Furthermore, the court may also order the parent who refused to honor the time-sharing agreement to pay not only the court cost but also attorney’s fees resulting from the legal proceeding. They may also be ordered to do some community service, and the court can impose a reasonable sanction against the parent who did not honor the agreement.
It is important for both parties involved in custody dispute to keep in mind that if the party required to pay child support or alimony fails to do so, then the other parent cannot simply deny the other parent time-sharing under an existing parenting plan. Conversely, if a parent refuses to honor the time-sharing agreement then the parent whose time has been denied cannot simply stop making child support or alimony payments. The best way to deal with the matter is to file an appropriate motion in court.
How We Can Help
If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed family law attorney who has been practicing law since 1987. He is available whenever you need him to pursue your rights. Please learn about our firm at www.FerrisLawFirm.com.