Legal Question in Family Law in Florida
Visitation rights
A motion to claim father's vistation rights was filed by father's attorney. Father fired attorney and father (Respondent) decided to continue Pro Se without knowing the procedures to follow. He kept on writing letters to the judge asking for a hearing to claim his visitation rights. He did no file a new motion, just letters.
Question. Is the motion filed by the fired attorney still valid, has the judge the responsibility to grant a hearing according to this motion? or Should the father file another motion?
Thanks
Roberto
3 Answers from Attorneys
Re: Visitation rights
yes
Re: Visitation rights
First, you did not mention the date when he filed.
Second, you do not write the judge a letter you file a motion (if there is an open case pending).
Third, I am assuming there was a complaint filed to move forward on something i.e. a divorce, custody issues, etc.
fourth, if the father is pro se he should go to the court and ask them how he should proceed; or
fifth, I suggest he consults an attorney; if,
he is unable to afford one, the court could probably give him info on retaining an attorney via lowered hourly rate or call the Boston Bar, or lawyers referral, etc. (these entities can be found online also).
In any event, the father should consider getting professional advise.
My initial 1/2 hr consult is free. If the father is interested in contacting me, he can do so via email at [email protected] or telephone my office. Good luck! Sincerely, Maria Murber
Re: Visitation rights
Please be advised that I just realized that you are from Florida. I am not a Florida attorney and therefore, unless, this matter is pending in Massachusetts, my info to you would not be based on Florida law only my knowledge in Mass. Sincerely, Maria Murber
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