Rosemead, CA asked in Family Law for Florida

Q: What steps should I take next?

I am the defendant in a civil custody case (divorce was finalized in 2013 in GA and I have physical custody with majority timeshare). A trial has been set for October but I received a "Motion for Immediate Return" on 07/20/2015. I was planning to file a motion for dismissal on subject matter jurisdiction followed by my answer to the above mentioned motion; however, today I received a "Notice of Hearing" without having been contacted by opposing counsel with a date for 08/07/2015. This hearing has been scheduled well prior to my 20 day response window and it does not provide me the minimum 14 days required before hearings (as I understand it). What steps should I take next? I was considering filing a motion to strike hearing followed by my motion to dismiss and answer but I really do not know my rights. I would appreciate any assistance you can offer. Thank you.

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: More facts are needed to understand the circumstances. What you need to do is get an attorney. Where is this taking place, you didn't say. If it is in GA, get an attorney there. If it is in FL get an attorney here.

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