Jacksonville, FL asked in Divorce, Family Law, Child Custody and Child Support for Florida

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!

1 Lawyer Answer
Mr Eric Klein
Mr Eric Klein
  • Divorce Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: 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.

Good luck.

Bruce Alexander Minnick agrees with this answer

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