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Emergency Motion for Time Sharing

Boca Raton, FL |

My Ex Husband and I share custody with me having approximately 64% of the time. He is responsible for 75% of all out of pocket medical expenses. I had to take my daughter to the doctor today because she was sick. There was a past due bill (over 120 days) for over $300 that he hasn't paid after numerous attempts from the Dr. to collect. He also let the children's health insurance lapse. Any medical bills will now fall on me if they get sick. If the children are with him and they get sick, he wouldn't be able to take them to the Dr. or get care for them. Could this be a cause for an Emergency Motion for temporary full time sharing since he isn't able to care for them financially while they are with him?

Attorney Answers 2


Not in my opinion, no. Emergency Motions are those that address immediate physical harm to the children or allegations regarding the children's removal from the jurisdiction. You would have an action for Contempt against the father if he is ordered to maintain the children's health insurance.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951

Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

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Definitely not an emergency. I would contact a seasoned family law attorney to assist you with enforcing the final judgment/order governing your case. Judges are really picky about what constitutes an "emergency" and, absent critical medical care being withheld for your daughter, I would not frame the motion as an emergency motion. Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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