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.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,231 answers this week

3,234 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,231 answers this week

3,234 attorneys answering