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About Dan 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 eleven 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
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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Parenting PLan Violation + More.
Expert: Dan Bachert - 10/25/2009
Question
I was divorced in January. The parenting plan that accompanied it stated that I am to have contact with my child over the phone, anytime reasonable. I have not spoken to my ex wife in even longer. I do not know if my son is ok, doing well in school, basically all my rights have been violated. I cannot get a welfare check as they reside on a Military base.
I have called, every day, for months on end, and not gotten to speak to my son. Not even on fathers day. The last time I spoke to him, was May 10th, his birthday, and I had to call about 15 times before they answered.
I understand filing a motion for contempt is in order, how do I go about that? The divorce was through Montana, I currently live in Indiana, they still reside in Montana.
Next is a tricky one. She got remarried a month after we were divorced, and is now trying to convince my son that this new guy, is his father. Is there some sort of legal way I can stop this? I mean, eventually he will learn the truth as I have his birth document still, and he'll be old enough one day.
Finally, The parenting plan also states that Im allowed access to his medical records, and all that stuff. How do i go about getting copies of this? Would it be through the same motion for contempt?
Answer
Hi Jordon, you are correct a Motion for Contempt is in order and should be filed with the Court that originally granted the order establishing the parenting plan. A Motion for Contempt is basically a document that informs the court that the court ordered so and so and the party order to comply with the order is not doing so while having the ability to comply with the order and finally your request of what the court should do to correct the situation (i.e order that the violating party pay the other party's attorneys fee and costs, order make up or additional time sharing such as over a holiday that you would not normally have, etc...)
With regard to the new husband, if your current order does not state that neither party shall identify any other party as a mother or father of the child other than the natural parents or some language to that effect, then you will need to File a Petition for Modification of the Final Judgment to have such language added to the Final Judgment of Dissolution. If there is such language present in the current Final Order then the mother's failure to follow that order will again be subject to a Motion for Contempt.
Finally, as to the medical records, you should be able to contact the medical care providers directly to obtain the information you seek. If you do not know who the medical care providers are then request that information from the mother in writing. If she fails to provide the information within a week or so then that to should be corrected through a motion for contempt.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and 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 your 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
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