Motion for Appearance of minor at Hearing, Hearing

[signspinner]

What is the name of your state (only U.S. law)? FLORIDA.
I have a hearing on a Motion for appearance of minor child for another hearing.
Mom took child several months ago and I am almost to the main hearing. What can I expect at this motion for appearance of minor child hearing. The Mom has a lawyer. I have indicated in my pleadings that this would inhibit Mom from the continued aleination she is attempting, and the continued contempt for violating custody decree. I am prepared to cite the interference of custody statue...Yeah I dunno what to expect though, sounds like a quick hearing to me? Do I need case law prepared? or just a solid resonable argument as I dont think much evidence will be presented if any at all?
any advice besides "oh you need a lawyer" would be appreciated. What is "abandonement" in FLORIDA?

 

[LdiJ]

What is the name of your state (only U.S. law)? FLORIDA.
I have a hearing on a Motion for appearance of minor child for another hearing.
Mom took child several months ago and I am almost to the main hearing. What can I expect at this motion for appearance of minor child hearing. The Mom has a lawyer. I have indicated in my pleadings that this would inhibit Mom from the continued aleination she is attempting, and the continued contempt for violating custody decree. I am prepared to cite the interference of custody statue...Yeah I dunno what to expect though, sounds like a quick hearing to me? Do I need case law prepared? or just a solid resonable argument as I dont think much evidence will be presented if any at all?
any advice besides "oh you need a lawyer" would be appreciated. What is "abandonement" in FLORIDA?

Without any background information to understand the context of your questions, it would be very difficult to provide you any valid information.

 

[signspinner]

background info

50/50 custody n placement. no visitation set up by court. Mom took off several months ago, no notification, no nothin. hearing in like 15 days on petition for return of child/visitation/temp custody here in Florida. I filed "motion for attendance of minor child" earlier this week cause Mom hasnt allowed any contact since she absconded. Is that enough info. Im just wonderin how this hearing will go. do ya need a lil case law or statue citing? or just a strong resonable argument? If thats not enough please be specific and I can try to answer more?

 

[mistoffolees]

50/50 custody n placement. no visitation set up by court. Mom took off several months ago, no notification, no nothin. hearing in like 15 days on petition for return of child/visitation/temp custody here in Florida. I filed "motion for attendance of minor child" earlier this week cause Mom hasnt allowed any contact since she absconded. Is that enough info. Im just wonderin how this hearing will go. do ya need a lil case law or statue citing? or just a strong resonable argument? If thats not enough please be specific and I can try to answer more?

Since you seem to want to do this without an attorney, you will need to learn all the proper procedures and learn the relevant case law and be prepared to present it to the court. If you can't do that, you need a lawyer - or you run the risk of losing what should be an easy case.

 

[LdiJ]

50/50 custody n placement. no visitation set up by court. Mom took off several months ago, no notification, no nothin. hearing in like 15 days on petition for return of child/visitation/temp custody here in Florida. I filed "motion for attendance of minor child" earlier this week cause Mom hasnt allowed any contact since she absconded. Is that enough info. Im just wonderin how this hearing will go. do ya need a lil case law or statue citing? or just a strong resonable argument? If thats not enough please be specific and I can try to answer more?

Is this an unwed situation or were you and mom married?
How could a court give you 50/50 custody and placement without setting a parenting schedule?
How old is the child?
What parenting schedule were you practising before mom left?
Exactly how long was mom gone before you filed?

 

[signspinner]

Is this an unwed situation or were you and mom married?
How could a court give you 50/50 custody and placement without setting a parenting schedule?
How old is the child?
What parenting schedule were you practising before mom left?
Exactly how long was mom gone before you filed?

court gave us 50/50 cause we were together. (as in a relationship.)
The child is three years old. and we are unwed
before mom left we were living together. sharing all expenses. and caring for child equally.
Mom left on a thursday night I filed imediately friday morning.

 

[LdiJ]

court gave us 50/50 cause we were together. (as in a relationship.)
The child is three years old. and we are unwed
before mom left we were living together. sharing all expenses. and caring for child equally.
Mom left on a thursday night I filed imediately friday morning.

If mom and the child have been gone for several months, and you filed the day after she left, then the only answer I can really give you is that you need an attorney. I am sorry, but that is the only valid answer I can give you. Mom has an attorney and after several months you still haven't managed to get a judge to order that mom return to the jurisdiction with the child. That means that you are not doing a good job handling it on your own.

I also am concerned that you do not understand what alienation means in a legal context.

 

[stealth2]

do ya need a <snip> statue citing?

What did the poor statue do to need citing?

 

[signspinner]

Ok wont use that..

If mom and the child have been gone for several months, and you filed the day after she left, then the only answer I can really give you is that you need an attorney. I am sorry, but that is the only valid answer I can give you. Mom has an attorney and after several months you still haven't managed to get a judge to order that mom return to the jurisdiction with the child. That means that you are not doing a good job handling it on your own.

I also am concerned that you do not understand what alienation means in a legal context.

Allright I wont use alienation in my offense then. I will use the simple words like interference with custody, intent to withold child, intent to prevent visitation, not following court order for advance notice to move or aproval.

I just said several when I meant 3 months.
The moms attorney continues to try to have it dismissed, no more obviously cause it will go to hearing.
How do they plan on defending kidnapping besides the run of the mill battered women, dads a drugie, he hit child or left 4 burners on and went to bar for 5 hours? Just examples!!!lol as I am a good daddy and there was no problem other than I didnt want more kids or get married. How could they possibly defend it!!!!!!!
what is the legal terminology for "aleination". can a court appreciate the term if used in the correct legal context? what about abandonment?

 

[mistoffolees]

Allright I wont use alienation in my offense then. I will use the simple words like interference with custody, intent to withold child, intent to prevent visitation, not following court order for advance notice to move or aproval.

I just said several when I meant 3 months.
The moms attorney continues to try to have it dismissed, no more obviously cause it will go to hearing.
How do they plan on defending kidnapping besides the run of the mill battered women, dads a drugie, he hit child or left 4 burners on and went to bar for 5 hours? Just examples!!!lol as I am a good daddy and there was no problem other than I didnt want more kids or get married. How could they possibly defend it!!!!!!!
what is the legal terminology for "aleination". can a court appreciate the term if used in the correct legal context? what about abandonment?

For starters, look up the rules of evidence. You're claiming a lot of things that I doubt if you can prove. Unless you can prove it (hearsay doesn't count), there's little point in bringing it up.

 

[LdiJ]

Allright I wont use alienation in my offense then. I will use the simple words like interference with custody, intent to withold child, intent to prevent visitation, not following court order for advance notice to move or aproval.

I just said several when I meant 3 months.
The moms attorney continues to try to have it dismissed, no more obviously cause it will go to hearing.
How do they plan on defending kidnapping besides the run of the mill battered women, dads a drugie, he hit child or left 4 burners on and went to bar for 5 hours? Just examples!!!lol as I am a good daddy and there was no problem other than I didnt want more kids or get married. How could they possibly defend it!!!!!!!
what is the legal terminology for "aleination". can a court appreciate the term if used in the correct legal context? what about abandonment?

This paragraph is a prime example of why I don't believe that you should be representing yourself.

Parental kidnapping is when a parent with NO custody, or only limited custody takes off with a child and hides said child from the parent who has full or primary custody.

Alienation is when a parent deliberately, psychologically causes a child to seriously fear or hate the other parent...and is very difficult to prove.

Abandonment is when a parent separates from a child and makes no effort to support or contact said child for a specific amount of time according to law (varies by state). Mom hasn't separated from the child, she separated from you and she had no legal obligation to you at all.

None of that seems to apply here. What seems to apply here is that mom violated the court orders by moving out of state with the child when there was a court order in place for 50/50 joint legal and physical custody. If that is accurate you should have been able to get emergency, temporary orders requiring mom to return with the child to the home community pending any results from the court case.

The fact that its been 3 months and you have not been able to accomplish that, combined with the fact that mom has an attorney, leads me to believe that you honestly cannot handle this case without an attorney of your own.

 

[CJane]

Ok, a timeline would be super helpful here.

You and mom lived together the child's entire life? Or you were apart and there was a custody/visitation order put in place, but you then reconciled?

What the custody/visitation order says SPECIFICALLY regarding time with the child/custody and relocation is vital in this case. Given your lack of understanding regarding a lot of the terminology, I'm not sure you're understanding the existing order.

A Motion for appearance of minor seems to ME that you'd be asking the court to compel the child to appear at a hearing in order to give testimony. Which for a 3 year old, is ridiculous. What are you hoping to accomplish? What is the endgame?

 

[Just Blue]

Ok, a timeline would be super helpful here.

You and mom lived together the child's entire life? Or you were apart and there was a custody/visitation order put in place, but you then reconciled?

What the custody/visitation order says SPECIFICALLY regarding time with the child/custody and relocation is vital in this case. Given your lack of understanding regarding a lot of the terminology, I'm not sure you're understanding the existing order.

A Motion for appearance of minor seems to ME that you'd be asking the court to compel the child to appear at a hearing in order to give testimony. Which for a 3 year old, is ridiculous. What are you hoping to accomplish? What is the endgame?

n addiotion to these question can you please tell us where mom "took off" to? Did she move out of state or to another home in the same area as you?

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50/50 custody n placement. no visitation set up by court. Mom took off several months ago, no notification, no nothin. hearing in like 15 days on petition for return of child/visitation/temp custody here in Florida. I filed "motion for attendance of minor child" earlier this week cause Mom hasnt allowed any contact since she absconded. Is that enough info. Im just wonderin how this hearing will go. do ya need a lil case law or statue citing? or just a strong resonable argument? If thats not enough please be specific and I can try to answer more?

Honestly it seems, to me at least, that Mom just moved out of your (joint) home. Is that the case?

 

[signspinner]

Ok, a timeline would be super helpful here.

You and mom lived together the child's entire life? Or you were apart and there was a custody/visitation order put in place, but you then reconciled?

What the custody/visitation order says SPECIFICALLY regarding time with the child/custody and relocation is vital in this case. Given your lack of understanding regarding a lot of the terminology, I'm not sure you're understanding the existing order.

A Motion for appearance of minor seems to ME that you'd be asking the court to compel the child to appear at a hearing in order to give testimony. Which for a 3 year old, is ridiculous. What are you hoping to accomplish? What is the endgame?

Yes the mother and i lived with child entire life. The custody order didnt have specific times or days for anything jus said 50/50 placement and custody. it does say must give 60 days notice for relocation more than 150 miles.
I have spoke to the pro se case manager at local court house and asked them to clarify to the judge that the motion should read "motion for visitation" or what have you. I want the child back in this state for a visit at the very least. Obviously I do not want my 3 yr old in a court room.

I just want to know what to expect in this small hearing. I have been a good father, and am now begining to suffer physical effects from the departure....Ie: Back spasms,depression, ect...the stress is incredible... It is a waking nightmare every minute**************I continue to pull thru tho....

 

[ecmst12]

You seriously need a lawyer. You are going to screw this up horribly if you go into court as poorly prepared as you are right now.