Motion to Set Aside Order
by Karen from Broward County, Florida
I missed my court date for custody of my 1 yr old son. His father and I are not married, I recently moved and never received documentation of the court date. What do I do?
We live in Florida. Need some guidance please tell me if there is anything I can do.
Answer to Florida Court Forms Question
If there was an order resulting from the hearing that you missed, you could file a motion to set aside that order based on the fact that you were not notified of the hearing.
However, it is up to you to make the clerk of court and the other party aware of your current address. So, you may not be in a position to demand.
However, if the other party knew you had moved, and knew your new address, but sent it to your old address anyway, then he is in the wrong. But, it is your responsibility to manage your case, and check with the clerk of court to find out if anything was filed.
If your ex had filed a Supplemental Petition to Modify Child Custody/ Time-Sharing Schedule and Other Relief, he should have notified you by personal service. A sheriff or private process server should have knocked on your front door and handed you the documents. If that is what happened -- you did not receive notice of a Petition to Modify -- then you are in good standing and well within your rights to demand a new hearing.
So you see, it depends on whether you missed that Notice of Hearing after and separate from being served with the Petition; or whether the hearing notice was already scheduled and part of the documents which you should have been served with. Either way, you could file a motion to set aside the order.Notice:
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