Legal Question in Family Law in Florida

I received both a motion to dismiss and a motion to strike a letter from my 12-year old daughter requesting to spend more time with me. I currently have visitation rights, but my daughter is getting older now and wants to spend even more time with me. The motion to strike is on the basis that the child is a minor and Florida Family Law Rules of Procedure 12.407 disallows the letter. What should my next step be? Is there a way to still allow the letter as it is my daughter's genuine request to spend more time with her father?


Asked on 10/19/10, 6:37 pm

1 Answer from Attorneys
WENDY HAUSMANN LAW OFFICES OF WENDY A. HAUSMANN

In accordance with the Florida Rules, you will need to file a Motion seeking permission from the Court for a minor child to "testify" in any way. Another alternative is to file a Motion seeking the Appointment of a Guardian ad Litem to represent and speak on behalf of the minor child. The letter is unlikely to be received/considered by the Court.

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Answered on 10/26/10, 5:15 pm


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