Legal Question in Family Law in Florida

Yes you can do that. Even if you get a default you have to give notice of the hearing to the other side.

Agree with Mr. Smitten.

Hello--Your question is somewhat vague. As such, it may be necessary to provide some additional advice. You don't state if there has ever been a Final Judgment. You state he has been served...but with what type of Motion? Is this an original Complaint/Petition or a Motion to modify?

If this is an original proceeding, there is nothing to modify at the hearing. In other words if your schedule has changed since you initially filed, you simply go to court and ask for the time sharing you want. I should add, if he defaults, you may get all the time, unless you deem it important that Respondent have time with child.

If your Motion is to modify an original Final Judgment, you attend final hrg. and ask for the changes you want. You have the burden of proof to show court there has been a substantial change in circumstances since the last Final Judgment or Order from the Court.//therefore the changes are needed.

You should know that in Family law, when a party defaults and an order/FJ is entered, if that party quickly files a Motion to set it aside, a Court often accommodates that request as it deems the person should have the opportunity to be heard.

Good luck. Tom Rosenblum