Hi, it's Wendy Hernandez with Command the Courtroom. In today's video, I want to talk with you about writing. The reason I want to talk with you about writing is because a couple of weeks ago, I consulted with a potential client who had gotten a document preparer to help him in preparing a petition to modify custody and parenting time of his children. However, when the judge took a look at the client's petition, the judge found that it did not set forth a legal reason for custody to be modified. As a result, the judge dismissed the case without even giving the potential client a hearing. This scenario doesn't happen a lot, but more and more judges are doing it because they are overwhelmed with cases. If the person filing the motion fails to establish the necessary facts in their pleading, the judge may dismiss the case. This is the tip that I gained from that experience, and I want to share it with you. When you are writing a petition to modify or any kind of petition, the facts of your case are crucial. You have to lay those facts out for the judge to understand why your case is different from others. If you are seeking a change in custody, you need to provide a valid reason for the change. For example, in Arizona, in order to modify custody or parenting time, you have to show the judge that there has been a substantial and continuing change in circumstances. It's not enough to simply state this in your motion. You need to provide specific reasons for the substantial and continuing change in circumstances. Therefore, no matter which state or country you are in, if you want to change something in court, you need to explain why it should be...
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Temporary Custody s florida Form: What You Should Know
When to File Your Petition If your family ties, such as relationship, employment status, or financial status, are likely to affect the child's ability to understand, act, and grow to adulthood, your petition is likely to be filed early. The primary purpose of filing you petition early is to allow the child(men) sufficient time to develop and form a stable sense of self and emotionality. The earlier you file your petition within one year after an event, the better your likelihood of a favorable outcome. You may file your petition for temporary custody anywhere in the state of Florida unless the child has been adopted by a Florida resident or moved to another state; If the child is of legal age, you may file your petition in the county where the child resides at the time. If the child is adopted by a Florida resident, a copy of the adoption documents may be used in lieu of the petition. The court can grant this temporary custody request up to 60 days after the parent has been served. If served at later than the 60-day limit, the petition will be considered at large and will be subject to any court procedures. This temporary custody law is valid until the child(men) is removed from the home or until one year after the child(men) reaches the age of majority if they have been adopted (Florida Statutes, Section 751.071). A noncustodial parent may petition to seek temporary custody of a child(men) who: (1) has been found not to meet the standard of care. If the child is at least 14 years of age and under 16, if that is the child's legal place of residence as established through the court, he has not been abandoned by his parent or custodian; has not been placed out of the home of the parent or custodian's residence; has attended school at least 12 months in a row within the past 12 months; is in compliance with any court orders and is not physically, mentally, mentally incompetent; is not a criminal. .
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