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Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1401
Experience:  Family Law Attorney in Private Law Firm
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My ex-husband and I currently live in Jacksonville Florida.

Customer Question

My ex-husband and I currently live in Jacksonville Florida. He is in the Navy and will be leaving next week for duties in Japan. He has remarried and is telling me that I have to allow his new wife to have his visitation days. Of course through the Navy she will be his POA in the United States as he will be in Japan for two years. So he is telling me that she will be going to the preschool are the days that he is supposed to and pick up our son and keep him for “daddy’s visitation days” as he is calling them. Does she have any rights To our son?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: He is just telling me this today because he is leaving in two days.
JA: Family law varies by state. What state are you in?
Customer: Florida
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that’s my concern with him out of the US and being in Japan and she has his POA is there any rights that she has to our son?
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
Expert:  Sean K replied 7 months ago.

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Give me just a few moments and I'll provide you a detailed overview.

Expert:  Sean K replied 7 months ago.

My initial answer is no, the step-mother does not have any rights to visitation. There are limited procedures for third parties to secure visitation rights in Florida, but that is generally grandparents and that would be by agreement or Court order. In this case unless there was something in the agreement or order that allowed the step-mother to exercise his visitation in lieu of the Father, I would say that simply having visitation does not give him the right to transfer it to another party.

It is perfectly acceptable for parties to agree on varying their order, but it is not a right for one party to do it on their own.

I would be very careful about allowing the step-mother to have visits as it could easily develop that if it were allowed to occur and in the future they attempted to go back to Court, it could be ordered.

As well, it is troubling that she is apparently going to go to the school. I would say that you could notify the school that only your or your ex - in person - could pick up your child.

If he wanted this to happen, he could have attempted to change it via Court Order and he didn't.

Now, he may try to threaten you with contempt or violating the Order, but I don't believe that would be successful because you are not denying him visitation, he just isn't there to exercise it and if you say the step-mother can't have it, the Order as you explain it does not give her any rights, so you can't be punished for doing something that was not considered.

I would tell him that you will follow the Order and that since the Order doesn't give her any visits, that is what you will do. I would also tell him that she should not come to the school. Finally, do offer things like facetime or Skype for him to have electronic visits as this will show that you are working with him as opposed to doing like he is.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Expert:  Sean K replied 7 months ago.

I wanted to reach out and see if there was any additional follow up I could provide. 5 star ratings are always appreciated