Can I motion to dismiss case at hearing in front of a general magistrate?

Asked almost 5 years ago - Fort Lauderdale, FL

I rec'd motion to modify custody & answered w/ a standard "deny or affirm" . We now have a date to go before GM. Can I motion to dismiss at that hearing based on the grounds that there are no circumstances that have changed? I believe in FL you have to have a substanstial change and other party truly has none. (2 kids under age of 5.)

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . You should most certainly make the argument that no substantial change in circumstance exists to warrant a modification to the custody arrangement. With the children as young as they are, the best interest of the child standard should be at the heart of your argument, too. Because this matter is so important you should really get a lawyer.

    Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

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