Filing Motion For Visitation

Summary

To file a motion for visitation in Florida, prepare a Supplemental Petition to Modify Visitation, file it at the Clerk of the Circuit Courts office, serve the other parent, and attend the court hearing. If a motion to dismiss is filed against your petition, respond with an opposition to motion to dismiss. You can amend your petition once before a responsive pleading is served; otherwise, you need the courts permission. If you cant afford an attorney, consider legal aid services, pro bono programs, or law school clinics. To prepare a motion for leave to amend, draft the motion, state the legal basis, include the proposed amended petition, file it with the court, and serve copies to all parties. Filing this motion typically wont affect scheduled court dates. Florida Rule of Civil Procedure 1.190(a) allows amending pleadings with certain conditions.

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Brooksville FL
Hello Phil, it's nice to meet you. You mentioned you're located in Brooksville, FL. Could you please share the legal issue you need assistance with?
Filing motions for visitation
Hello Phil, here are the general steps to file a motion for visitation in Florida:
- Prepare a "Supplemental Petition to Modify Visitation"
- File the petition at the Clerk of the Circuit Court's office
- Serve the other parent
- Attend the court hearing
Remember to consult with a legal professional for specifics.
I already filed a supplemental petition to modify
That's great, Phil. What's the next step in your process that you need assistance with?
The Petitioner filed a motion to Dismiss
Hello Phil, if a motion to dismiss has been filed against your petition, you'll need to respond, usually with an 'opposition to motion to dismiss.' Consult a legal professional to guide you through the specifics in Florida.
Do I need leave of court to amend my petition
Hi Phil, in Florida, you generally have the right to amend your petition once as a matter of course before a responsive pleading is served. After that, you'll need the court's permission. Please consult with a legal professional.
I cannot afford to hire an attorney
Hello Phil, in Florida, there are legal aid services available for those who can't afford an attorney. You may qualify for free or low-cost legal help. You can reach out to 'Bay Area Legal Services' or 'Three Rivers Legal Services, Inc.' for assistance.
I was told there is a conflict with legal aid. They cannot help me
Hello Phil, if legal aid is unable to assist, consider reaching out to Florida's pro bono programs or law school clinics. They often provide free or low-cost legal assistance. Please consult with a legal professional for specifics.
No pro bona attorneys available
I'm sorry to hear about your situation, Phil. You might want to consider reaching out to Florida's Lawyer Referral Service or seeking help from online legal advice platforms. Some law firms also offer 'unbundled' services where you pay for specific tasks.
How do I prepare a motion for leave to amend
To prepare a motion for leave to amend in Florida, follow these steps:
*. Draft the motion stating your reasons for amendment.
*. State the legal basis for your request.
*. Include your proposed amended petition.
*. File the motion with the court.
*. Serve copies to all parties involved.
Always consult with a legal professional for specifics.
How do I title the request for leave
The title for your request could be "Motion for Leave to Amend Petition". Remember, this is general advice and you should consult a legal professional for specifics.
And I attach the motion to amend to the motion for leave?
Yes, Phil, when you file a "Motion for Leave to Amend Petition," you should attach the proposed amended petition to it. Make sure all parties involved receive copies. Always consult with a legal professional for specifics.
Will filing a motion for leave to amend set off any scheduled court dates
Filing a motion for leave to amend won't typically affect scheduled court dates. However, the judge has discretion to reschedule if they deem it necessary. It's best to consult with a court clerk or a legal professional for specifics in Florida.
What is rule *.*(a)
Florida Rule of Civil Procedure *.*(a) pertains to amending pleadings. Key points include:
*. Parties may amend a pleading once as a matter of course before a responsive pleading is served.
*. Otherwise, parties need written consent from the opposing party or leave of court.
*. Leave of court shall be freely given when justice requires.