Can't Get My Case Heard

by Chris from Manatee, Florida, Manatee County

Can't Get My Case Heard: I have filed every form for my case to be heard in court. Or at least I thought. I got a letter from my case manager stating that my daughters mother needs to file forms before we go to court.



She already got served with a parenting plan and responded to it stating that she does not think I should get visitation. My case manager won't return my calls and my case hasn't moved at all in 6 months. I haven't seen my daughter in over a year and I pay child support.

Answer to Florida Court Forms Question

Dear Chris,

You can file a Motion for Hearing.

The actual rule and procedure is that after a petition has been filed, the other party is properly served, and the other party answers – either party may file a motion for hearing.

In Florida's family court system, several interim steps have been put in place, theoretically, to expedite court cases.

But, as you see, and as in your case, these very systems often slow things down. Obviously you have absolutely no control over whether your daughter's mother ever files the necessary forms.

So, is your case to remain in limbo until she does? I don't think that is the way things are supposed to work. If you cannot manage to get a hearing scheduled after filing a Motion for Hearing, because the case manager is adamant that the other party must file certain forms, you could then file a Motion to Compel.

You have a right to see your daughter. Be persistent and keep asking questions. Eventually, you will be heard. If the case manager won't or can't help you, find the name of the case manager's supervisor and contact the supervisor. Good luck, and let us know how your case proceeds.

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