AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past nine years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Expert: Dan Bachert Date: 7/20/2008 Subject: child visitation jurisdiction
Question My children are 16 and 13. We have lived in Mass. for 4 years having gotten permission to relocate from the Florida courts. My ex is entitled to a long weekend every month, if available, the month of July and alternating Christmas and Thanksgiving. We are supposed to take turns paying for airfare. His portion goes towards a large debt the court ruled he owes me.He doesn't exercise his visitation on long weekends when it is his turn to pay nor does he communicate whether he is taking the children or not until just a few weeks before. Then other times he will buy tickets for entire school vacations which he is not entitled to and refuse to change the dates to shorten the visit.Then the children don't go. I send emails proactively in advance alerting him to my son's sporting games and daughters dance or cheerleading competitions during these vacation months well in advance but he books flights for the whole vacation anyway. Again, he is not entitled to their entire vacations and they are very active in sports. I try to alert him to work around them and still have visits with them.He just does what he wants. He now has filed a contempt case against me in Florida stating I refuse to let them visit. He just refuses to honor the modification order. My question is, where is jurisdiction regarding the children and visitation? I filed my original divorce agreement and modification order in Mass. court over two years ago.My children are in counseling here to help them with their relationship with their father and the psychologist said jurisdiction is here and the children need a guardian ad litem appointed to give them a voice regarding modifying visitation since they are much older now and this agreement isn't working. Thanks for your assistance.
Answer Hi Diana, jurisdiction would be in Mass. unless there is a specific provision in the modification order stating otherwise and then even if such a provision is present jurisdiction may still be transferred to Mass. based upon convenience of the parties, the children's contacts with the state, and location of witnesses.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
