Family Law (Divorce, Family Relations)/petition to modify child custody


I file a petition for modification base on change of circumstance like my ex now work at night and cant be with the child his 50% of time share. also he don't bring the minor to school, I had to take the child to the hospital for missing a fingernail and bruised eyes under his care. He also drop of the child at daycare or ask me to pick up the child at the facility like 11pm at night. the child is now 5 years old failing kindergarten and the school had send a letter that the child need stability and routine. I have innumerous accusation and prove that I file. my ex answer with a letter that start with who my concerned and never stated disagreement or agreement, only stated that he is fine with the custody agreement we have now. he ask the court to dismissed but never state a cause except that it will cause psychological problems to the parties involve. can I file something because it is very confusing, I don't know if is an answer or a motion to dismissed, it made no sense at all. is a letter and nothing more

Hi Betania, you could file a motion to strike his letter as an improper response or just contact the court and ask that your Petition be set for hearing. The court will most likely require you and the father to attend a mediation session prior to a hearing being scheduled. If that is the case and you have not attended mediation at this point file a motion requesting an order for mediation.

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
(561) 653-3951  

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Dan Bachert


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.


Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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