Family law attorneys can not use contingency fee agreements. You can contact some family law attorneys in your area and see if any are willing to help you pro bono. You can also check with the legal services office in your county.
If there has not been a substantial change in circumstances, it is unlikely that his Supplemental Petition will be granted.
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As Mr. Buckley said, family law attorneys are not permitted to work on contingency fees. Why would you expect an attorney to work pro bono? Does your job ask you to work for free? Does the fsther's petition state the substantial change of circumstances for why he wants a change? If not, file a motion to dismiss. If he does state a substantial change of circumstances (it may not be true, but it has to be stated), set your case for mediation.
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The court has jurisdiction over the minor child until age 18. So, the Father will be able to seek relief, including modifications, until that time. A motion to dismiss is relatively difficult to obtain in family law cases, especially if the issue is timesharing/parenting plan as the court will most likely want to determine the case on the merits as well as determine if there has been a substantial change of circumstances to warrant the modification. A motion to dismiss would typically not require mediation prior to a hearing on such motion; however, if it is not dismissed, then you would be required to attend mediation in the course of the case proceeding. Best of luck to you.
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You asked several questions, and I will respond accordingly. 1) If you want to get the case dismissed, you need to file a Motion to Dismiss prior to filing an Answer and/or Counterpetition. This Motion must be filed within twenty days from the date you were served to avoid a default against you. The Court, at its discretion, may order the parties to mediation depending on the reasons for modification prior to making a ruling on a Motion to Dismiss. I haven't seen that happen but family law is pretty flexible as far as judicial discretion. 2) I googled and found Legal Aid of Manasota which serves Sarasota and Bradenton areas, you can find information here regarding pro bono representation and whether or not you qualify based on your circumstances. http://www.legalaidofmanasota.org/contact_us/
Legal Aid of Manasota, Inc.
1900 Main Street, Ste. 302
Sarasota, FL 34236
Whether you can dismiss the case prior to mediation depends on the court's local rules, largely. Unfortunately attorneys cannot take family law cases on a contingency fee basis in Florida. Have you tried to make arrangements for a payment plan with an attorney? You'd be surprised how reasonable we can be. Good luck.
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