Fort Myers, FL asked in Divorce and Family Law for Florida

Q: what happens to the case when a default was issued and other party sent docs in after the cut off date?

I filed for dissolution of marriage with a minor child recently. the respondent didn't reply in the 20 day summons deadline. i was issues a default and got a magistrate court date in September. he eventually submitted a reply that was completely inaccurate after the default. I was told to submit my evidence at lease a week before the hearing. What kind of document's do i provide. I'm trying to ask for full custody of my 14 yo daughter. She has been residing with her Grandmother and dad for the last couple years but her gma was taking care of her not the dad. he has had several issues with the law in the last few years including D.V strangulation and made it to "Florida man" news article status online. i am unsure what i need to provide them as evidence. My daughter doesn't want to move back in with her dad she wants to stay in her current school and at her grandmas to attend her school. she is A/B honor roll and was accepted early into the local highschool marching band.

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1 Lawyer Answer

A: You do not mention what type of hearing has been scheduled. If it is a final hearing then you need to submit whatever evidence you intend to rely on to support your case. Evidence submitted in advance is generally documentary. The other way that you prove your case is with testimony from witnesses. Because you are asking a complex question I recommend that you speak with a local family lawyer for more specific advice.

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