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If I motion for Contempt in a Family Law case would the Court consider a prior Motion that has not been Finalized yet?

Edgewater, FL |

I am a Father who Motioned for Contempt and Modification of Visitations and Timeshare from the Mother in August 2011. In our Divorce Decreee we both have shared custody and responsibility with the Mother having primary residency. The GM denied both of my motions in December of 2012 and I objected to those rulings and at the present, the Judge NEVER made a final ruling on the motions. I am having the SAME issues with the Mother denying my direct contact and visitations with our 6 year old daughter, if I file for Contempt again, would the courts consider my prior Motions and the Admitted Evidence from those Motions if the same information applies to this NEW contempt motion? Or should I Amend the initial Motions from August 2011 in hopes for reconsideration from the Judge? Thank you!

Attorney Answers 5

Posted

I would recommend filing a new motion. You may also want to consider hiring an attorney on this.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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3 lawyers agree

Posted

File a new motion, better yet hire an attorney to do this. It is always best to have an attorney when you go to court, hopefully someone with tons of experience.

R. Jason de Groot, Esq., 386-337-8239

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3 lawyers agree

Posted

I agree with Ophelia. You need to consider hiring an attorney to present the best case that you can. Otherwise, I would certainly file a new motion as opposed to arguing ones that have been partially ruled on and/or aren't truly before the court. Good luck.

Bill Rosenfelt 407-462-8787

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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Posted

Your questions are procedural in nature, and a legal professional will be best suited to navigate through this for you. As you await a final rendering on your Exceptions to the GM Report, make sure any upcoming hearings are properly noticed for the specific motion you are seeking resolution. Have a lawyer amend your motion, reset the matter before the Judge and have a Court Reporter present at the next hearing.

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4 lawyers agree

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Trying to handle a modification and contempt proceeding on your own is problematic. Without knowing what evidence is relevant and admissible and how to present that evidence it is no surprise you did not prevail. After the hearing did you file your objections on time? If so, have you properly filed a transcript for the court to review? You should consider hiring an experienced family law attorney to represent you.

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