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Motion To Modify Temporary Orders Without Oral Hearing In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-000299
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Word;
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FAQ
In Florida, parents can, in almost every circumstance, modify their parenting plan by agreement. However, you should always speak with an attorney before making any changes to your parenting plan. Further, all modifications should be in writing, signed by both parties, and filed with the court.
Temporary reliefs require a special hearing that provides an impermanent solution based on the circumstances and are typically resolved through settlement negotiations or mediation. When a judge grants a motion for temporary relief, the order will only remain in effect until the formal proceedings are completed.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in chapter 39. (4) The order granting: (a) Concurrent custody of the minor child may not eliminate or diminish the custodial rights of the child's parent or parents.
To request a modification of a court order, you will likely need to show that there has been a substantial change in circumstances that has happened since the order was issued. You will need to go back to the court where your order was issued and file modification forms.
A petition for modification must be served to the other party. The petition must include certain allegations. The other party will have 20 days to respond to the petition. Ultimately, a judge will determine if substantial changes are present that warrant modifying a court order.
Some examples of substantial changes include cases wherein one parent has been sentenced to a term of incarceration, a parent is dealing with an unexpected illness, or there has been some other dramatic life change that has an impact on how one or both parents are now rendered newly able or unable to care for their ...
Temporary custody in Florida is an arrangement for a trusted third party to have parental rights for a limited period. While it's preferred, parental consent isn't required for a court to grant temporary custody in Florida.
Motion hearings serve as critical junctures in the legal process, allowing parties to address both procedural and substantive matters before trial. By narrowing the scope of disputes and enhancing judicial efficiency, they play a pivotal role in conserving valuable time and resources for all involved.
Motion to Modify By filing this motion, you are asking the court to change something in your final order. You must be able to show that there has been a "substantial change in circumstances" since the last court order.