Scheduling A Family Law Hearing

by Stanton from Panama City, Florida, Bay County

I am ready to schedule a hearing, can you help me? I have been told to file a motion to hear my case to amend child support. At the same time, I would like to hear the contempt case I filed on my ex.

What form do I need and who all is it to be filed with? If I missed hearing for my children to relocate, is there some thing that I can file to have this re-looked at in the court?

My ex's lawyer says they sent me the hearing date in the mail, but I never received any notification. So, without discussion, she is moving my children to Orlando, Florida. What can I do to object?

Answer to Florida Court Forms Question

Dear Stanton,

You asked three questions. I'll answer them one at a time.

A motion to amend child support: The form that you need to file is Florida Supreme Court approved Form, Supplemental Petition to Modify Child Support, Form 12.905(b).

Have a look at our web-powered instructions page for this form. Instructions for this supplemental petiiton form state in part:

This form should be used when you are asking the court to change a current court-ordered child support obligation.

The court can change a child support order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests.

To request a hearing for contempt, you will need to file a Motion for Hearing. If you want to have the judge hear the contempt portion of your case at the same time as the modification of child support you will need to wait until the other party has responded to your Petition to Modify Child Support.

You can also ask the clerk of court to help you with scheduling those hearings together. Once your hearing is granted you need to notify the other party using the Notice of Hearing.

As to the other parent relocating without your knowledge or consent, you can request or file a Motion for Re-hearing because you were not properly served. The Florida statute dealing with relocating a minor child is 61.13001.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Scheduling A Family Law Hearing

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Clerk's Default & Late Answer
by: Missing My Kid

I petitioned the court for Dissolution of Marriage with minor child, of which I have not seen or spoken to in many months because my soon to be ex has denied me all access to the child. All my paperwork was filed with the court and served on the respondent.

After 20 days, no answer or counter petition was filed, so I filed a Motion for Default, Default and Notice of Trial with the court. The answer and counter petition ended up in my mailbox, with no postmark and plenty of stamps, two days after the 20 day period and after my motion for default was filed.

The counterclaim showed up on the docket as well two days after the 20 day time frame. The Court Clerk did enter the default against the respondent and I would like to know if I have to even answer her counter petition or if I can just wait for the trial to present my case?

--Sounds to me like you need to wait on a ruling to your Motion for Default by the judge. If the motion is denied, it will probably be because the answer was entered. Call the judicial assistant or the case administrator for more information about where your case stands. --Staff

Mother seeking full parental rights
by: Anonymous

Im not married to my 5 yr olds' dad and although we have been apart since she was 2 yrs old, I've always tried to be civil with him in sharing her until recently a few months ago when we had an argument via text messages and I made reference to his second kid's mom and he fowarded the messages to her then within an hour she appeared at my job and attacked me. The altercation led to my termination which was very hard to deal with esp. with a 5yr old who is accustom to me giving her any and everything she has asked for and I stopped allowing him to get her.

Since his second child, I got an order for child support so my daughter can be provided from his end and since he lost his job, the full amount payments got reduced immensely. Despite that he worked off the books to avoid the full child support payments. Recently I was summoned with an injunction for parental rights. I am seeking help for the court to hear my story in this situation in order to be the full parental rights parent for my daughter.
-Thank you

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