Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

How do I write up an emergency visitation motion to have my…

Customer Question
How do I write...

How do I write up an emergency visitation motion to have my daughter for upcoming time when my son is visiting? I'm not the custodial parent. I'm wanting to have her for 3 or 4 days - which is outside of my normal visitation schedule. My son lives out of state and only see him a couple times a year. Case is in pasco county florida

Lawyer's Assistant: What steps have you taken? Have you filed any papers in FL family court?

Regarding this mater at hand, I've contacted the mother about a month ago with no response to my request. I also asked her attorney... he has not gotten back to me as of yet. I already have a temporary time share... every other weekend and wed-thrs. I was thinking of presenting the emergency motion/hearing to him but not filing it unless there's no response

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There would be no negative reason on my part as to why the mother would not grant me this time outside of vindictiveness

Submitted: 3 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 hour by:
3/28/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience: Attorney
Verified

Unfortunately the court does not provide a form that specifically addresses your request for an emergency modification of visitation. There is a court form for an emergency pick up, and there is the standard form for modification. I'll will attach links to both of those forms. What you can do is review the forms and use them as a template to draft your own motion. Now to the underlying request. Generally, emergency motions given great scrutiny, and tend to be granted only when there is a harm, or a threat of harm to the child, or a serious time sensitive matter relating to the care and or welfare of the child. I don't want to minimize your request but I'd be prepared in case the court does not consider your request enough to justify an emergency modification of the visitation. Even though your request is more than reasonably, unfortunately, since there are existing orders, the other party is under no obligation to modify those order, even if temporarily, absent a court order. There is no harm in filing the motions, so if you feel that is your final option then proceed with that. Perhaps you could reach out to your child's mother one more time, requesting less time, and or offering her something in exchange for allowing you more time (like giving her more time later, or a holiday, etc). You know better than I do what may be important to her. If you can find that and present it to her she might be willing to grant your request, without having to go to court.

Here's the links for the court forms:

http://www.flcourts.org/core/fileparse.php/533/urlt/941d.pdf

http://www.flcourts.org/core/fileparse.php/533/urlt/905a.pdf

I am sorry that you are going through this and having a difficult time coming to an agreement with your child's mother. Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so costs you nothing extra. Experts are independent contractors and customer ratings are the only way we are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask N.Brown ESQ Your Own Question
N.Brown ESQ
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 158
158 Satisfied Customers
Experience: Attorney

N.Brown ESQ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am having some serious delimas regarding my son's
I am having some serious delimas regarding my son's visitation this weekend and whether or not I should sent him to his mom's. We have had a family trip planned for months and didnt realize it was on … read more
Jessica B
Jessica B
Juris Doctor
1,546 satisfied customers
If my husband got a protective order summons filed on him
If my husband got a protective order summons filed on him for trying to see his son is there a way he can file for emergency custody for him the mother lied in the order and hes been begging to see hi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,612 satisfied customers
We had trial where me and ex husband both confirmed that we
Hello, We had trial where me and ex husband both confirmed that we agree to 50% custody, however ex requested to spend all weekends with our son and before he was spending only Sundays and a few days … read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
The problem is, My son's father whom I just found out is
The problem is, My son's father whom I just found out is still considered his alleged father promised to and has been harassing me during visitation pick up and drop off. My son does not have any type… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I pay child support never married in the state of Oklahoma.
I pay child support never married in the state of Oklahoma. The mother is wanting to move out of state with my 3 year old son , I currently see him every weekend , what are my rights? The mother is go… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
On 2-3-16 the kids were at their mothers house getting ready
on 2-3-16 the kids were at their mothers house getting ready to come back to their Fathers house. While the kids were getting ready their mother said on the following week end when she gets them back … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I live in delaware, i have custody of my daughter, due to
i live in delaware, i have custody of my daughter, due to asbestos in my home , my daughter and I were forced to move ..I explained to my ex that we would have to switch weekends for his visit... He w… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
How to get a temporary sapcr order stopped before it is signed
How to get a temporary sapcr order stopped before it is signed & filed by the judge if the venue was improper & i was not given opportunity to give testimony to the safety concerns that I have with my… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I have permanent guardianship of my grandson appt. to me through
I have permanent guardianship of my grandson appt. to me through Az. family court on Sept 2004 and finalized on Dec 12 2005. His mother has just petitioned the court in Az. to have my guardianship rev… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
I am divorcing in Michigan. My wife filed an emergency
I am divorcing in Michigan. My wife filed an emergency motion to take temporary custody of our son that contained baseless and false allegations (which I have proof they are false). Because my attorne… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
I have shared responsibility in my son's care for the first
I have shared responsibility in my son's care for the first 8 months of his life. Two weeks ago I was assaulted by my son's maternal grandfather while holding my son. He was arrested and charged with … read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
If my 13 yr son is visibly emotionally distraught about having
If my 13 yr son is visibly emotionally distraught about having to visit his mother for the weekend, do I still have to force him to go?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I am filing for dissolution and joint legal custody today.
I am filing for dissolution and joint legal custody today. I am in pro per. I completed all docs, but I haven't seen my son in some. I need to file some sort of declaration to ask the court for some e… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I live in Atlanta, GA. We are in the middle of a divorce and
I live in Atlanta, GA. We are in the middle of a divorce and we have a two year old little boy. I have temporary primary custody. He has visitation every other weekend and every other Wednesday. We ha… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My exhusband is currently homeless. He has been through 10
My exhusband is currently homeless. He has been through 10 addresses in the last 3 years. He had his license suspended, but is still driving the kids around. I attempted to file for an emergency suspe… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
How do i reopen a custody case? My ex recieved emergency
how do i reopen a custody case? My ex recieved emergency temp custody while i was in hopsital. I want to place motion to reverse that order. He moved and i did not have his address he took her till no… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
my son who is the unwed father of a 3 week old filed emergency
my son who is the unwed father of a 3 week old filed emergency temporary visitation and put he wanted to see him some everyday and it was denied. Can he resubmit for like 2 evenings a week? Now there … read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
my son is in another state with my ex husband and we
my son is in another state with my ex husband and we have joint custody, but he is afraid to go home because of physical abuse from his step mother. what do i tell him to do?… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x