Q: Can I call the court house and schedule a hearing or do I have to wait on the judge to decide?
Im currently going through divorce and my Husband isn't co parenting with me he keeps our child for longer days than expected an he's making it very difficult to raise our child. I know we have to wait on a mediation date from the court but is it possible for me to call the court house an ask when is the next available date for a hearing or to schedule one? I just want to expedite my case I already filed a Motion of Contempt/Return of Child due to my Husband taking our child to Tampa. My case manager said I would have to wait til March in order to get a hearing is that true? Also will it be possible for me to change my mind about child support during a hearing?
Thank you for any advice Im grateful!
You have raised many issues in your post. I will try to address one at a time.
Yes you can and should call the courthouse and schedule a hearing, do not wait for the judge because the judge will not do it for you.
Regarding mediation, the court will generally not order mediation until a trial date is set. Therefore, if you want mediation, you will need to file a motion to compel mediation and notice it for a hearing. You should be able to do this on the Uniform Motion Calendar.
As your husband takes your child and does not return your child, you should file an emergency motion for pick up order as soon as he does it.
Regarding child support, neither party can change their minds. You and your husband will be required to complete the child support guidelines worksheet for the judge so that the judge can calculate an amount of child support to be paid.
Bruce Alexander Minnick agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.