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How do I respond to an emergency motion for time-sharing?

Miami, FL |

My husband filed an "emergency motion for time-sharing and other relief" in our dissolution of marriage case simultaneous with his answer to my Petition for dissolution. I am now preparing my response to this motion. Should I address each point in his motion directly? Or should it be more like general defenses to the motion? Is there anywhere I could get a sample response to a motion for time-sharing?

Attorney Answers 3


Form doesn't really matter as long as you address the defenses you have.

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First of all, there is no requirement that you file a written response at all. Your husband will have to call his motion up for hearing (or the Court could call it up) but you will be notified. The benefit of filing a written response is that, in the event that the judge actually reviews it before the hearing, you will have an opportunity to persuade the judge as to your position. Furthermore, drafting a response will help you better present your points at the hearing itself. Think of it as an outline of your responses to his allegations. Notwithstanding, the real issue is the hearing itself. And although what you might present in written form might be persuasive, it is not evidence!. In order to present evidence you will likely need to have witnesses ready to testify at the hearing regarding the points that you are trying to establish in your response. Furthermore, the witnesses can typically only testify as to things that they have personal knowledge about. So they can't testify about things that they've "heard." They have to testify about things that they have seen or been part of! In certain cases, documents can be admissible as evidence but that requires knowledge of the rules of evidence. You would be well-advised to have a family law attorney assist you at the hearing.

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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Firstly, depending on what the "emergency" is, it may be heard quickly by the Courts. Since this is a motion and not a Petition or a Complaint you do not have to file a response specifically admitting or denying each paragraph. However, you should have prepared, whether you write a formal response or respond at the hearing your arguments against whatever you disagree with. Given this is a divorce you should at least consult with an attorney in regards to how to approach your husbands allegations.

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