How to respond to motion to dismiss if I think the statue is being misread

Asked about 2 years ago - Jacksonville, FL

Thr mother of my daughter filed for motion to dismiss under F.S. 742.021(1) which reads : 'the proceedings must be in the circuit court of the county where the plaintiff resides or the county where the defendant resides.' That being said we both live in duval county under the fourth circuit court. Duval county court house was moving at the time I filled and was not accepting case at that time so I filed in nassaun county also the 4th circuit court, duval county hasd now reopened but is backed up on cases. Under F.S. the fourth circuit court serves nasssau, clay and duval counties. How do I fight the motion and have the case heard r/t I believe this is just an attempt to get more time I haven't seen my daughter for about 45 day and no phone call in over 30 days

Attorney answers (4)

  1. Robert Jason De Groot

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You should have filed in Duval County. Her motion will can be treated as a motion to transfer to Duval County. What you need to do is realise that you cannot run the show and need to hire an attorney. It does not matter how intelligent you are or how articulate you can be. Family law matters are determined more than anything else on the particular likes and dislikes of the judge, the abilities of the attorneys, and finally the facts. It is horrible that your child has not been able to see you for over a month. The fact that the mother has done this will eventually work in your favor because she has proven that she is not willing and able to foster and encourage a close and continuing relationship between the child and you. That is not at all in the best interest of your child, and it can haunt the mother.

    R. Jason de Groot, Esq., 386-337-8239
  2. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . The action needs and should be in Duval County. You should hire an attorney at this point.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  3. Andrew G. Storie

    Contributor Level 12

    5

    Lawyers agree

    Answered . While you filed in the proper circuit, you did not file in the proper venue. The proper venue is Duval county. So, you can file a Motion to Transfer Case asking the court in Nassau County to transfer it to Duval. Once the court does this, the mother's motion to dismiss will be moot. You may want to get an attorney to help you do this.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal... more
  4. Kristopher Robert Reilly

    Contributor Level 13

    4

    Lawyers agree

    Answered . While you always have the ability to represent yourself, I highly suggest retaining an attorney to at least assist you with this matter. While a lawyer may seem expensive, sometimes a party just cannot afford to not have an attorney. While I always respect an educated client, attempting to engage in motion practice with a licensed Florida Attorney will go downhill and very quickly. Even though it may seem like reading, interpreting, and understanding statutes is not too complex, there are a variety of other factors that must always be taken into consideration. If you cannot afford full representation, many family law firms offer advice session for Pro Se parties, document drafting assistance, and limited appearances at hearings which can help a party on a tight budget. Please seek a consultation. Best of Luck.


    www.krrlaw.com

    FOR A FREE 20 MINUTE INITIAL TELEPHONE CONSULTATION CALL 904-309-8461 NOTHING IN THIS ANSWER IS INTENDED TO... more

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