Legal Question in Family Law in Florida

modification of final judgement of dissolution of marriage w/minor children

I recently had a hearing in Seminole County courts in Florida because my ex husband is seeking full custody of our 4 year twin boys. Our last hearing was for temp custody and the courts granted it to my ex husband by the general magistrate. She felt that I needed more time to get myself together due to the fact in the last year, I had the father keep the children twice and that I just moved into my own place in Maryland on November 1, 2007(but moved to MD in August”2007”) and just started getting my own income in February of 2008. I just received (06/06/08) a report and recommendation of the general magistrate on the husband’s motion for temporary custody from his lawyer. His lawyer said I have 5 days to responded to it (do I, and how do I respond…she said I can call her?), if not they will proceed to submit for signature from the magistrate. I have concerns about her report and also the courts will be appointing a custody investigator to review the status of the custody and support ( I don’t know what that is all about).

Asked on 6/07/08, 1:21 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: modification of final judgement of dissolution of marriage w/minor children

Your question came to me in Maryland with an indication that it involved Maryland law. It does not, so I can't answer it. I can say, however, that if you have not already done so you should find a good family law lawyer in or near Seminole County to represent you. Do not try to deal with this without the best lawyer you can find.

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Answered on 6/08/08, 10:50 am

Brent Rose The Orsini & Rose Law Firm

Re: modification of final judgement of dissolution of marriage w/minor children

It's common and often required for attorneys to submit copies of proposed court orders--or "Reports and Recommendations" in the case of magistrates--to opposing parties and offer them five days to object before the orders are submitted for signatures. If you don't think the proposed Report and Recommendation properly reflects what the magistrate ruled, you should contact the lawyer and tell her you object and why.

The most important thing you can do now is get a lawyer. It's foolish for you to handle a case which involves the life of your children without a lawyer. You can't afford NOT to have a lawyer right now. Your children are too important.

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Answered on 6/07/08, 2:45 pm

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