not happy with general magistrate ruling?

[cicchesi66]

What is the name of your state (Florida)?
Went to court today (again) Pro Se I am one of those good dads who cant seem to catch a break but she had an attorney same one she used for divorce and the Magistrate ruled in her favor although I had documents and proof of what she has been doing however Magistrate ruled for her to go to a detox clinic to get checked out. How do I file a motion to see the Judge and I do not have any more money to pay a scopist to dictate the file taken today? I understand I may have to get the transcripts but is there a way around this?

 

[Proserpina]

What is the name of your state (Florida)?
Went to court today (again) Pro Se I am one of those good dads who cant seem to catch a break but she had an attorney same one she used for divorce and the Magistrate ruled in her favor although I had documents and proof of what she has been doing however Magistrate ruled for her to go to a detox clinic to get checked out. How do I file a motion to see the Judge and I do not have any more money to pay a scopist to dictate the file taken today? I understand I may have to get the transcripts but is there a way around this?

What was your proof, and was it submitted correctly?

 

[Gracie3787]

What is the name of your state (Florida)?
Went to court today (again) Pro Se I am one of those good dads who cant seem to catch a break but she had an attorney same one she used for divorce and the Magistrate ruled in her favor although I had documents and proof of what she has been doing however Magistrate ruled for her to go to a detox clinic to get checked out. How do I file a motion to see the Judge and I do not have any more money to pay a scopist to dictate the file taken today? I understand I may have to get the transcripts but is there a way around this?

What exactly are you planning to file, a motion for rehearing, or an appeal?

To get an idea of what you can file, read all of the rules of procedure

Florida Rules of Civil Procedure: FLORIDA RULES OF CIVIL PROCEDURE

Florida Family Law Rules: Florida Family Law Rules

For either one you'll need a transcript. It might not cost as much as you think, my husband paid for a transcript of a hour and a half hearing and it was only $130.00. Check with the court reporting service, they can give you a guesstimate at how much the cost might be.

 

[cicchesi66]

I filed a motion for time sharing ( I want one more day with my kids which will give me more than 146 overnights, and they filed for more money because she decided to work less hours at her daycare and take my son out where it was free and put him in one that costs $145 full time and she works 3 hours a day. So I am paying for her to stay home apparently and I lost. The Magistrate ruled in her favor for more money and I have to pay her lawyer's fee's for this motion when the Judge ruled at our Dissolution that each party pays for their own. When I asked why my time sharing isn't being heard the Magistrate answered not enough burden of proof and if I want more time with my kids I should of asked for it at the Dissolution. I did and I was not granted the additional night. I presented proof of her partying and all the violataions of the court order but because I did not file a motion on each violation, I was not heard. I am being instructed by Family Court services to file a motion on all the violations so I can see the Judge. However, I am liking the reply I read that it was only $130 to get the transcript. I was told it was $400 or more. I just want the Judge to see this case because he knows the history and the Magistrate didn't say much and denied everything.

 

[Gracie3787]

I filed a motion for time sharing ( I want one more day with my kids which will give me more than 146 overnights, and they filed for more money because she decided to work less hours at her daycare and take my son out where it was free and put him in one that costs $145 full time and she works 3 hours a day. So I am paying for her to stay home apparently and I lost. The Magistrate ruled in her favor for more money and I have to pay her lawyer's fee's for this motion when the Judge ruled at our Dissolution that each party pays for their own. When I asked why my time sharing isn't being heard the Magistrate answered not enough burden of proof and if I want more time with my kids I should of asked for it at the Dissolution. I did and I was not granted the additional night. I presented proof of her partying and all the violataions of the court order but because I did not file a motion on each violation, I was not heard. I am being instructed by Family Court services to file a motion on all the violations so I can see the Judge. However, I am liking the reply I read that it was only $130 to get the transcript. I was told it was $400 or more. I just want the Judge to see this case because he knows the history and the Magistrate didn't say much and denied everything.

You should get a quick consult before filing anything else. You can get a low cost consult by calling the Florida Bar Lawyer Refferal service at 1-800-342-8011.

I owe you an apology, I might have been a little overzealous about the transcript costs. My husband's was done 5 years ago, and the costs might have greatly increased. As I said before, be sure to ask the court reporting service for an estimate.

 

[cicchesi66]

Thank you I will do just that. I am using family court services but before I file the motions I am going to find an attorney who can give me just an hour of their time. I am out of money between the lawyer I did pay, the court fee's and now her attorney fee's. I appreciate your kind words.

 

[LdiJ]

I filed a motion for time sharing ( I want one more day with my kids which will give me more than 146 overnights, and they filed for more money because she decided to work less hours at her daycare and take my son out where it was free and put him in one that costs $145 full time and she works 3 hours a day. So I am paying for her to stay home apparently and I lost. The Magistrate ruled in her favor for more money and I have to pay her lawyer's fee's for this motion when the Judge ruled at our Dissolution that each party pays for their own. When I asked why my time sharing isn't being heard the Magistrate answered not enough burden of proof and if I want more time with my kids I should of asked for it at the Dissolution. I did and I was not granted the additional night. I presented proof of her partying and all the violataions of the court order but because I did not file a motion on each violation, I was not heard. I am being instructed by Family Court services to file a motion on all the violations so I can see the Judge. However, I am liking the reply I read that it was only $130 to get the transcript. I was told it was $400 or more. I just want the Judge to see this case because he knows the history and the Magistrate didn't say much and denied everything.

Dad..if you gave the magistrate the impression that you wanted more time with your children in order to reduce child support, that may have kicked you in the butt...particularly if you already asked for it once and were turned down.