Legal Question in Family Law in Florida
i have not seen my daughter for more than 60 days because my wife wont allow me even after the court ordered her to do so. she relocated to a city more than 500 miles away in violation on many laws. we asked for an expedited hearing to be able to see my daughter and to ask for the return of my daughter to jurisdition. how long before we get a date for court 30 days 60 days as far the new law is concern i am allow an expedited hearing right?
2 Answers from Attorneys
I hope you hired the services of an attorney to handle this for you. Hearings are scheduled the day you request them so I suspect you have not asked for the hearing date. If your wife took your daughter out of state and you are not divorced from her - she has as much right to her as you do. More information is needed? Is this your ex wife by chance - have you filed for divorce - is there a family law order in place - did she obtain an order from the court to relocate.
Florida has just revised its relocation la--as you know--to provide that you are entitled to a hearing within 30 days of filing a motion where there is a visitation or parenting plan order in place or where there is a case involving children (such as a divorce) pending.
Ms. Becude suggests that hearings are schedule the day you request them. That may be true in Jacksonville, where I hear things move more efficiently than in many parts of Florida, but for the rest of us, scheduling hearings can be quite a task. I agree with Ms. Becude that you should seek an attorney to assist you in getting your hearing scheduled expeditiously.