Legal Question in Family Law in Florida
so, we got divorced and have a 14 child, My ex lived in broward county and I lived palm beach county. we went to mediation and did a parenting plan. My ex moved to Orlando 3.5hrs away with the condition that she will bring my daughter, wich now I regret giving her the OK. So, she failed and I filed a motion for refusing parenting plan and alienation. The judge found her in contempt for both, because I had proof. the judge enforced my ex to stop alienation and to bring my daughter every other weekend. My ex also failed and is claiming that my daughter is the one that doesnt want to come see me. Now I filed a motion for contempt Oct 28,2011 im still waiting for a hearing. My ex hired a lawyer, and her lawyer filed on Sept. 3, 2011 and already has a hearing for motion to transfer venue. her lawyer is claiming that non of us live in broward, therefore the best interest of the child is to move the case to Orlando and she also wants a Guardian Ad Litem. My question is, what are my chances that she'll get this motion granted? and what would you recomend I do?
1 Answer from Attorneys
The chances of your ex's attorney getting her motion for change of venue granted is pretty good based on the facts that you have provided. Neither you nor her live in Broward County so the court is gonna find that the proper venue is where the child currently resides. As for the motion to appoint a Guardian Ad Litem it depends on what her reasons are and also whether or not one is available for your case. Usually Guardian Ad Litems are used by DCF and Pro se litigants so maybe since you are unrepresented the court will appoint one.