I have a letter notarized from our court ordered therapist that recommends sole parental and supervised visitation for my ex

can I file a temporary relief motion while working on the petition to modify or do I have to file the petition to modify and then the temporary relief? Or, should I be filing an emergency motion to suspend visitation? Most of the issues are neglect or safety like driving around in the trunk of a hatchback, making a 50 pound kid sit in front with no carseat, but also he made it clear he will and has lied to the court, the therapist and whomever else to see his kids. (Told this to the therapist repeatedly when caught in a lie about the kids while with him.

West Palm Beach, FL -

Attorney Answers (3)

Daniel A. Bachert

Daniel A. Bachert

Family Law Attorney - West Palm Beach, FL
Answered

The Supplemental Petition for Modification would need to be filed first then the Motion for Temporary Relief. You could file an Emergency Motion but it is likely to be denied as the issues you are describing are not immediately life treating. In addition, be aware that you will need the actual testimony of the therapist as the letter would be inadmissible under the proper objection and to obtain the testimony of the therapist a guardian ad litem may need to be appointed for the child to decide whether the patient/therapist privacy privilege should be waived for the child in this instance.

Sincerely,

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

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Heather Morcroft

Heather Morcroft

Family Law Attorney - Winter Park, FL
Answered

Emergency motions are for life threatening situations or a parent removing a child from the jurisdiction of the court. Go to your county's website and check the administrative orders. If you have an open case you may be able to do this by motion. If you case is closed you will have to file a petition to modify. I suggest you get an attorney.

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Richard James Mockler III

Richard James Mockler III

Family Law Attorney - Tampa, FL
Answered

I understand that you want to modify your time-sharing arrangement. I do not know whether driving the child around without a car seat will amount to a substantial change in circumstances necessary to modify your final judgment. You should consult with an attorney in your area regarding the other issues you have experienced. And, you should also ask the attorney how you might prove the alleged transgressions using admissible evidence (since you say he's a "liar," you can't expect him to admit to anything).

Finally, if you decide to go forward with the supplemental petition, in addition to requesting that the court reduce his time-sharing, remember to ask for the specific modifications that you desire, such as requiring his use of a booster or car seat until the appropriate age and other safety measures that the court is likely to view as necessary.

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