QUESTION

Can we deny my ex-wife's request for a later court date?

Asked on Apr 01st, 2015 on Family Law - Florida
More details to this question:
We were hoping not to get a lawyer. I have primary residency of my daughter. My ex wife has been in and out of jail for drugs and various charges. My current wife and I would like to travel with my daughter outside the US. We filed a custody modification to have sole decision making including school, medical and being able to travel with my daughter. My ex has responded to the modification requesting a court date for after she completes her rehab. Can we deny her request or does the judge do that? What is our next step?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
You do not have to agree to her request for a later court date. However, in order for your ex-wife to have her request granted, she would need to schedule a hearing in front of the judge and have the judge decide. From the facts you presented, it looks like you have a hearing scheduled on your supplemental petition for modification. Most likely what will occur is that you will show up at this hearing and your ex may or may not show up (since she might be in rehab) and the judge will see that she filed a request for a later hearing date, and the judge will most likely continue the hearing date, as the judge would want your ex to be present at the hearing, and your ex has somewhat of a good excuse for requesting this extension. If your ex has a pattern of delaying the court proceedings, the judge might not grant the extension, and will hear the arguments on your supplementation petition for modification. I would suggest that you acquiesce to your ex's request in order to make sure that when you do have a hearing date for your petition, that your ex has no excuses for not being there or not being prepared. Unless her request for extension  is for some outrageous amount of time.   Best of luck, Helena Y. Farber, Esq. ~Associate Attorney ~ Law Office of Cindy S. Vova, P.A. Tel: 954-316-3496 www.vovalaw.com
Answered on Apr 02nd, 2015 at 6:39 AM

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