This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

What Kind of Motion Can I File to Present New Evidence in a Child Custody Case in Florida?

Question from Kelly, What Kind of Motion Can I File to Present New Evidence in a Child Custody Case in Florida?

Answer from AI:

In Florida, if you have new evidence that you believe could impact your child custody case, you may be able to file a motion for reconsideration or a motion to modify the custody order. However, it’s important to note that these are complex legal procedures and it’s highly recommended to consult with a legal professional for personalized advice.

Motion for Reconsideration

A motion for reconsideration is a request to the court to reconsider its decision based on new evidence or legal arguments that were not previously presented. This is typically filed after a judgment has been made but before the judgment is finalized.

Motion to Modify the Custody Order

If the judgment has been finalized, you may need to file a motion to modify the custody order. In Florida, to modify a custody order, you must show a substantial, material, and unanticipated change in circumstances and that the modification is in the best interests of the child.

Important: The court will only consider new evidence if it is relevant and could potentially change the outcome of the case.

Here are some general steps you might take:

  1. Collect all your evidence: This includes any documents, photos, or other evidence that supports your claim.
  2. Prepare your motion: This should include a detailed explanation of the new evidence and why it should change the court’s decision.
  3. File your motion: You will need to file your motion with the same court that issued the original custody order.
  4. Serve the other party: The other party must be notified of your motion and given a chance to respond.
  5. Attend a hearing: The judge will review your motion and the evidence, and make a decision.

Please note that this is a general guide and the exact process may vary depending on your specific circumstances and local court rules.

You can find more information on the Florida Courts Family Law Self-Help Information page.

Remember, it’s crucial to consult with a legal professional who can provide advice tailored to your situation. Legal aid services or a local bar association may be able to provide assistance if you cannot afford a lawyer.

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