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

Asked 9 months ago - 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)

  1. Christina Andrea Mckinnon

    Contributor Level 5

    4

    Lawyers agree

    Answered . 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.

  2. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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
  4. William Charles Rosenfelt

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  5. Jeffrey Alan Klein

    Pro

    Contributor Level 13

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,348 answers this week

2,971 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,348 answers this week

2,971 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary