Legal Question in Family Law in Florida

I am the defendant in a civil custody case (divorce was finalized in 2013 in GA and I have physical custody with majority timeshare). A trial has been set for October but I received a "Motion for Immediate Return" on 07/20/2015. I was planning to file a motion for dismissal on subject matter jurisdiction followed by my answer to the above mentioned motion; however, today I received a "Notice of Hearing" without having been contacted by opposing counsel with a date for 08/07/2015. This hearing has been scheduled well prior to my 20 day response window and it does not provide me the minimum 14 days required before hearings (as I understand it). What steps should I take next? I was considering filing a motion to strike hearing followed by my motion to dismiss and answer but I really do not know my rights. I would appreciate any assistance you can offer. Thank you.

Asked on 7/29/15, 9:13 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Call the judge's JA and advise notice was served ex parte. Serve your opposition papers. Do not rely on the judge adjourning.

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Answered on 7/29/15, 9:18 am
Robert McCall Law Office of Robert McCall

You need to speak with a local attorney. Impossible for me to respond without reviewing the documents in questions.

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Answered on 7/30/15, 7:53 am

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