Family Law (Divorce, Family Relations)/Expedited Final Hearing on two year old Temporary Order?
Two years ago, a temporary order was issued granting me the legal right to see my two sons two days of every other 3-day weekend.
Other party claims distance was a hardship. Since then, I have moved to same town in Florida and other party insists there is no reason to change anything in this temporary order. So, I now have to go back to court, which I understand could take another couple of years to be heard...UNLESS I can file a motion requesting a hearing to finalize this temporary order while emphasizing the obvious change in those circumstances. I cannot locate anything similar in all my research, so I have nothing on which to base my motion.
Would I need to say anything specific in this motion? I understand the courts can be very fickle about these things. I think I just need to ask for the hearing, and then ask the court to revise the order based on the new circumstances.
This makes perfect sense to me, but every time I go to court, I am forced to check my common sense at the door. What do you think?
Thank you very much.
Hi Kevin, generally under current case law a relocation in and of itself is not sufficient to create a change in circumstances necessary to file a Petition for Modification of a Final Judgment. However, other changes that may accompany the relocation or result from it, such as a change in employment that now allows you to devote more time to be with the children would qualify as a change in circumstances necessary to support the Petition. But you have stated that the order you are operating under is a Temporary Order which would suggest that a Final Order has yet to been entered, a little unusual given the time duration you have mentioned. Nevertheless, if there is an action pending that has not been reduced to a Final Order then the action may be modified to request the relief you are seeking.
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. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401