Legal Question in Family Law in Florida

How do I file an emergency motion to temporarily suspend time-sharing in the other partie's residence.I have a parenting/time-sharing plan in place with my daughter's father.We have both abided by it.We discovered several months ago that our daughter was allergic to animals. We discovered this when she started getting reactions from the father's family pets including a dog.Recently her reactions to the animals have gotten more severe, causing a hot, red, bumpy rash to break out all over her body, some breaking the skin.I've asked the father and his family to please consider giving the animals away to ensure that our daughter's reactions go away.They said they would, however it has yet to happen.The time is coming where our daughter will be returning to her fahter's residence where the animals still live.I want to file an emergency motion to suspend time-sharing until the animals are gone.


Asked on 10/30/12, 12:30 pm

2 Answers from Attorneys
John Smitten Carey and Leisure

Send a warning letter giving the ex 10 days to get rid of the pet or otherwise no time sharing (since it it clearly a health issue). Then if no compliance you can file the motion and show the court that you at least tried to resolve it in good faith. Contact my office for free consultation.

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Answered on 10/30/12, 2:04 pm
Lucreita Becude Lucreita D. Becude, P.A.

You really need to file a Emergency Petition to Suspend Visitation and attach your evidence to it - ie medical records, physician statements. sending a letter may only buy you time but it will also put you at risk for contempt of court for not complying with the order that is already in place which does not reflect that she is allergic to animals.

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Answered on 10/31/12, 7:51 am


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