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About Dan Bachert
Expertise
I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience
Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Initial Hearing for Modification of Custody - Family or Dependency Court?
Expert: Dan Bachert - 10/27/2009
Question
I am seeking to reopen/modify custody of my 11 year old daughter. In late 2001, I was granted a divorce and made primary parent in Broward County Family Court. In late 2002, I filed a restraining order which the judge made “indefinite” against my ex. In Feb of 2003, my ex went to DCF will bogus allegations stating that I was in an abusive relationship w/ a man I was dating and also alleged I abused alcohol. A dependency case was opened. I was given numerous tasks by the court and DCF all of which I completed. As a result of numerous hearings, trial preparation and the drawn out and lengthy nature of the dependency actions, I was out of money and could no longer afford to pay for my private counsel. I then signed over “temporary custody” of my daughter (who was 5 at the time) to her father. Since then, I’ve had my daughter full-time, 6 days out of 7 and have kept excellent records of this. To this day, the ex has yet to have a girlfriend and is completely consumed with my life and who I’m dating. Anytime I don’t agree with him or do what he says, as some sort of sick punishment, he will take my daughter back and won’t let her speak to me or see me. He won’t even let her speak to or see my family and even his own mother who is always on my side. My daughter is experiencing tremendous amounts of anxiety, fear and emotional turmoil and I am deeply concerned about her emotional health. Both my daughter and I are desperate to have some sort of emergency petition filed for a modification of the existing custody order. I have spoken to several lawyers however; I do not have the money to pay their retainer. I just recently started a new job as I was laid off from my last job and was out of work for almost 2 months. Can I file some sort of motion and then at the hearing, ask the judge to appoint me an attorney? The dependency case was “disposed” therefore; I was hoping to file it with the Family Courts. Are there specific forms I need to file? Or can I write a letter to the judge? I don’t know what to do or where to start and just need to get to that initial hearing. Whatever info you could provide would be so tremendously appreciated. ~ Many Thanks.
Answer
Hi Heather, you need to file a Petition for Modification of the Judgment establishing the current custody arrangement. That Petition must state a substantial change in circumstances that has occurred since the order was issued and what change should be ordered based upon that change of circumstances. The Petition will need to filed with the clerk of court and served upon your ex.
See the clerk of court for information on a Family Law pleadings packet that you will need to follow.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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