Question from Kelly, What Motion to File for Holiday Timeshare in Florida?
Answer from AI:
If you have lost your timeshare (custodial time) with your children in Florida and are looking to secure timeshare for the holiday season, particularly Christmas, you will likely need to file a motion with the court. Given the urgency and the specific circumstances you’ve described, the type of motion you may consider is an “Emergency Motion for Temporary Timesharing.” However, it’s important to understand that not all situations are considered emergencies by the court, and the definition of an emergency is typically limited to situations where a child is in immediate danger or harm.
Understanding Emergency Motions
An Emergency Motion for Temporary Timesharing is used when a parent believes there is an urgent need for the court to grant temporary custody or visitation rights. To be successful, the motion must generally show:
- Immediate harm to the child: The situation is so critical that waiting for a regular hearing could negatively impact the child’s well-being.
- Substantial changes in circumstances: There has been a significant change since the last custody order that necessitates a different arrangement.
- Substantial evidence: You must have clear evidence to support your claims, especially if you are refuting false accusations.
Presenting Evidence Before a Hearing
It is challenging to present evidence and have a judge make a decision before a formal hearing. However, if you believe your situation constitutes an emergency, you may attach affidavits or other evidence to your motion to support your claims. The judge may then consider this evidence when deciding whether to grant a temporary order.
Filing the Motion
To file a motion, you should:
- Ensure the motion is in the proper format and includes all necessary information.
- File the motion with the clerk of the court where your custody case is being heard.
- Serve the motion to the other parent, following Florida’s rules for service of process.
Cost of Hiring an Attorney
The cost of hiring a new attorney to assist with filing a motion can vary widely based on factors such as the complexity of your case, the attorney’s experience, and the going rates in your area. It’s not uncommon for family law attorneys to charge an hourly rate, which can range from $150 to $500 per hour or more. Some attorneys may offer a flat fee for specific services, like drafting and filing a motion.
Since you have already drafted the motion and compiled evidence, your next step would be to consult with a new attorney to review your materials and ensure they meet legal standards. An attorney can also advise you on the likelihood of success for an emergency motion in your situation and may suggest alternative strategies if an emergency motion is not appropriate.
Consult with a Legal Professional
Given the complexity of child custody matters and the importance of presenting your case effectively, it is strongly recommended that you consult with a family law attorney. An attorney can provide personalized advice and represent your interests in court.
For more information on child custody laws and procedures in Florida, you can visit the Florida Courts Family Law Self-Help Information.
Remember, while general information can be helpful, it is not a substitute for personalized legal advice from a licensed attorney.