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
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
Alternatively, you can use our Petition Preparer service. We can create a custom Motion form to your specifications for as little as $20.00 and have it filled out for you, too! Just ask us for a free quote
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
:61.13001 Parental relocation with a child.--
(3) PETITION TO RELOCATE. --Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must be in accordance with this section:
(a) The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:
1. A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
2. The mailing address of the intended new residence, if not the same as the physical address, if known.
3. The home telephone number of the intended new residence, if known.
4. The date of the intended move or proposed relocation.
5. A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.Notice:
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