Legal Question in Family Law in Florida
pro se motion for visitation in dependency court
if a dependency case was closed in dec 07 with mother having custody and father having supervised visit once closed doesnt that relinquish the jurisdication? If so, when a pro se motion for visitation is filed in dependency court in sept 08 and the judge orders it, with reopening the the dependency case and amending the previous order without a motion or written report cant a motion to dismiss the motion of visitstion be filed since it is out of jurisdiction and it conflicts with previous tps order?
2 Answers from Attorneys
Re: pro se motion for visitation in dependency court
Jurisdiction, per Chapter 39, is retained in a dependency proceeding until the child turns 18 years of age OR the court divests itself of jurisdiction. Reunification with a parent does not automatically terminate jurisdiction.
Re: pro se motion for visitation in dependency court
Dependency cases can always be reopened for parental visitation.