Legal Question in Family Law in Florida

Modifying a Motion in Family Court?

We have a motion for contempt/enforcement in front of the court, can we ammend the motion to include a motion to change primary custody of a minor child or does this have to be done seperately?


Asked on 12/12/03, 1:26 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Modifying a Motion in Family Court?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

Why bother to amend a pending Motion? I would simply file the new Motion separately. It keeps things clean and simple and will give the Court more room to work with you. There is no advantage to having both items in one Motion unless there is additional information which you have not provided.

You can call the Court and try to "piggyback" the two Motions so that they are heard on the same date.

I strongly suggest that you consult with a family attorney in the locale of the Court to review this and all other legal questions regarding this matter.

Scott R. Jay, Esq., 305-249-8000

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Answered on 12/12/03, 11:55 am


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