Summer Visitation

[millertime277]

My question involves a child custody case from the State of: Florida

My husband has custody of 3 children from a previous marriage and as of July 2007, the mother sent an email stating that she would no longer be seeing her children until we hear from her attorney. We have not heard from her since last July nor have we recieved anything from an attorney. She has had no contact with her children at all. As of 7/21/08, we recieve an email that she wants them from 7/24/08-7/31/08 for a summer visitation. According to the visitation guidelines set forth by the state of Florida, which is what they adhered to in the past, it states that the non custodial parent must inform the custodial parent in writing prior to April 1, of that year of the weeks they want for vacation. My question is does my husband have to let them go for that long?

Another issue about visitation, since October of 2006, she has had one Friday night visitation in January 2007, and one weekend in July 2007, before the email, and no other communication with them since April 2007, is it fair to say that my husband can exercise the right not to let them go, even if she wants to try to see them for regular visitation, since this could be a one time thing and then another year before she sees or talks to them again. The issue with their mother has been an emotional roller coaster and if he says no then her only option would be to take him back to court and let a judge sort it out right?

This is a sticky situation but he does not know what the law allows, but yet he does not want her to hurt the children more. To make things more complicated there is an injunction on him, because they can not get along so it is not like they can talk about this, what they can talk about is minimal. Any help would be great. There ages range from 6-11 in case that matter for any reason.

[Xena]

The best thing for your husband to do will be to strictly follow the existing court order. And to file for a modification of the order so that this problem won't happen again.

[millertime277]

So he does not have to let them go for any long visits since she did not adhere to the April 1 deadline, but he should adhere to the visitation guidelines if she would like to resume her every other weekend and one night a week and holiday visits correct?

[Xena]

So he does not have to let them go for any long visits since she did not adhere to the April 1 deadline, but he should adhere to the visitation guidelines if she would like to resume her every other weekend and one night a week and holiday visits correct?

He has to adhere to whatever his court order states. If his order states that visitation is forfeited if the deadline is not met, then he would be able to deny the visit. However, if the order does not specifically state that, he'll have to allow the visit. It all comes down to what the order actually states.