Ask a Lawyer and Get Answers to Your Legal Questions
What County do you reside in, here in FL?
Di you remember ever signing an affidavit of paternity with regard to your son?
I do not remember any kind of affidavit
I am trying to do this on my own
No problems. I can help give you information about this. One momeny while I pull some things for you and type my answer. Thanks!
when she served me I responded in the required time and had the response prepared by an attny
Okay, you said she served you?
With the custody papers, you mean?
Has a hearing been set or mediation yet?
Did your attorney request immediate visitation while the case was ongoing?
mediation was on 2/25/2013
no court date set yet
Okay, and no agreement was reached in mediation, including a visitation schedule while the case was ongoing?
we got nowhere she doesnt want me to have him overnight
Thanks. One more question: did your attorney not ask for immediate visitation while the case was ongoing?
no I just had paperwork prepared asking for custody, my son and I are very close and I am sure he wants to stay with me
I am sure he does. I am sorry this is happening. However, your attorney should have asked for immediate visitation rights in the Answer/Counter-Claim for custody or made a motion asking for this so the judge could rule on it right away. You are going to need to file your own motion at this time asking for this so that the judge can give you visitation rights in the interim.
Your motion will be titled, "Urgent Motion for Visitation Rights"
You cannot file an emergency motion because you have to say that either the child's wellbeing is in immeditate danger or that the parent palns to take them out of the country.
thank you so very much
But you may file an urgent motion.
Do you have a motion form or know how to get one?
I do not know how to get one
Okay...let me try to pull one of my personal Motions for you. It may take a few minutes because I have to redact all identifibale info.
Okay, I have redacted the info and scanning into my computer. I need to change the format of the chat so I can post the file. Can you refresh your screen in about 2 minutes?
Okay, here is the last page (of 3--see other 2, above) for the sample motion. This isn't a custody motion, but you should be able to see how one is done and prepare your won to file with the court. :)
thank you for the information you provided