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  1. #1

    Default Coming and Going During Non-Scheduled Visitation

    My question involves a child custody case from the State of: Florida
    My friend is recently divorced. There is a custody/visitation order in place as well as a child support order. Child support is not being
    paid which is a whole other issue, however. My friend rents a house where ex has never lived but he feels he can come and go as he
    pleases to check up on the kids. He comes there 100% of the time when she is at work.
    Is there anything she can file to prevent him from coming on the property - or have her landlord file a trespass citation to prevent him from
    coming on the property unless he's there to drop off the kids after his ordered visitations?

  2. #2
    Join Date
    Jul 2006
    Location
    TN
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    699

    Default Re: Coming and Going During Non Scheduled Visitation

    How is he getting in the home? Does he have a key? If so, she should take the key back. How old are the kids? Are they letting him in?

  3. #3

    Default Re: Coming and Going During Non Scheduled Visitation

    He does not have a key. He is not getting in the house. It's as though he's stalking - or checking up on her to see what the kids do when she's not there. She is a school teacher - The kids are 16, 14 and 7. The 7yr old is with her all the time as he goes to school where she works. The 16 yr old and 14 yr old come home from school, and that's when the ex believes he can come and go as he pleases. The kids do not invite him in, so he hangs out on the porch 'checking up' on what they are doing and then telling her she is not running the household correctly. Are there stalking laws to help protect her privacy? Can he come onto the property while she's not there if the kids are in no harm? I understand if the kids were to call him and ask him there, but they don't.

  4. #4
    Join Date
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    Default Re: Coming and Going During Non Scheduled Visitation

    There's obviously more to the story here than you've shared, so mom should be discussing her situation with her lawyer. You've not indicated that any threats or intimidation are involved.

    If mom wants to get an order from the custody court expressing that dad isn't to visit the kids at her house unless she is home or has otherwise granted permission, she and her lawyer can petition for such an order. She is free to instruct him to stay off of her premises when she's not there, but I am not sure that the police are going to be interested in involving themselves in this type of domestic situation when mom's calling them from a different location to complain, and I really don't think it would be sensible to put the kids in the middle by telling them to call the police.

  5. #5

    Default Re: Coming and Going During Non-Scheduled Visitation

    I have to agree with Mr. K. - There is either (a) more afoot here which may or may not impact the situation as laid out for us, or (b) there is nothing afoot here that warrants this level of concern.


    There is a custody/visitation order in place as well as a child support order. Child support is not being
    paid which is a whole other issue, however.
    Yep. Completely separate.



    feels he can come and go as he pleases to check up on the kids. He comes there 100% of the time when she is at work.
    So he's walking up to the front of the house, just like any passerby on the sidewalk could, or just like the mailman might when delivering the mail every day, right? So far, no legal issue. Anyone can approach anyone else's residence unless the property is somehow delineated, gated, etc. And most importantly, this is occurring when she is NOT there, so there's no issue of her being stalked, etc, right? This is about him showing up at the home where his children reside?

    up on her to see what the kids do when she's not there
    If she's not there, there's no argument that he's checking up on HER. Will the court have an issue with him checking up on his minor children, when they are at the residence without an adult? Anything is possible.


    Is there anything she can file to prevent him from coming on the property - or have her landlord file a trespass citation to prevent him from coming on the property unless he's there to drop off the kids after his ordered visitations?
    Sure. SHE can ask law enforcement to issue him a trespass order when he's on the property (but he'll have to actually be there when police issue the warning, and if SHE is the tenant of the property, SHE will need to be the one asking for the trespass warning, not the landlord). The down side is that this then gives him ammo that he might turn against her down the line with a claim that she's going out of her way to block otherwise lawful access to his children. She needs to think long and hard about what HARM is being caused here that she's trying to dispel, and consult with her attorney BEFORE she takes action that might have unintended consequences.

  6. #6

    Default Re: Coming and Going During Non-Scheduled Visitation

    You are all correct - there is more to this. I was trying to give just the abbreviated version. The checking up on while she's not there are used to mentally anguish the 16 and 14 yr old by telling them what a horrible mother they have because she makes them do chores, and punishes them for getting failing grades. This is a man who, in the divorce agreement based his visitations on how much child support he would have to pay (I'm sure that makes sense to you, if I'm stating that correctly) And is still not paying child support. My friend has all of her kids in counseling because of his mental anguish and it's documented the things he says to the kids while in his care (told to counselor by the kids) This is a man who has been Baker Acted (documented) because he thought he was a threat to either himself of others. This is a man whose divorce attorney had to sue him to be paid (documented - Pasco County)
    Again, my friend is a school teacher raising 3 kids basically alone financially. She has a second job as well and her 16 yr old son has a part time job. She is doing all the right things for her children so for this man to be able to come and go in this manner and harrass, disrupt and confuse his kids just does not seem right. He's a bully. I just wanted to know if there is anything she can do herself - file paperwork herself. She's unable to pay an attorney. She is on the phone with The Dept. of Revenue almost daily to try and get child support. There just has to be something she can to to send him a message that this tact is not ok.

    Also - I read where the trespass law had changed and the trespasser does not have to be on the property to be trespassed.

  7. #7
    Join Date
    Apr 2009
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    Default Re: Coming and Going During Non-Scheduled Visitation

    I'm sorry, but at this point, your friend needs to be the one asking the questions.

    You're not objective (I'm not trying to be hurtful - truly!), and she needs to actually be dealing with her legal matters herself.

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