You are here:

Family Law (Divorce, Family Relations)/time sharing issue with EX, After Divorce process completed


My divorced is finalized by court and I have every 2nd weekend with my daughter as of right now.  I got married aboard and my wife and my brother (20 year old) also moved in with me from abroad as a green card holder (in my apartment).

I have 2 bedroom apartment and it is very clean.  My wife and I use master room and 2nd room used by my daughter when she comes for  the weekend (every 2nd weekend), I have a bed  for her in her room. Since my brother moved in with me he sleeping in living room.
I told my EX about changes in my house and now she telling me that I don’t have room for our daughter, and she also saying that she don’t know about my brother, what kind of person he is.

Even her house has more people than mine, she has 3 bed room house: My ex also has 16 years old daughter from previous marriage and she using one of the room and 2nd room used by my ex and also her sister lives in same house and also her parents come from aboard in summer and they stay in same house for 3 months. I never have any issue.

Now I am worry, if my EX goes to court to tell that more people living me with as mentioned above, am I going to lose every 2nd weekend over night Or I should be fine in front of judge? What should I say to judge myself…

Also what I should do to Judge in response to her home situation, where more people living?

If and when your former wife files a Petition for Modification of the Time Sharing plan she will need to first allege a substantial change in circumstances justifying her requested modification. Assuming the court accepts the changes you have mention as a substatial change sufficient enough to support her petition the court will next look to the best interest of your daughter. Based upon what you have stated it is doubtful that a court would further limit your time sharing.

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. Additional information may be obtained on our web site listed below.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951  

Family Law (Divorce, Family Relations)

All Answers

Answers by Expert:

Ask Experts


Dan Bachert


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.


Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

©2017 All rights reserved.

[an error occurred while processing this directive]