What Kind of Motion Can I File to Present New Evidence in a Child Custody Case in Florida?

Question from Kelly, What Kind of Motion Can I File to Present New Evidence in a Child Custody Case in Florida?

Answer from AI:

In Florida, if you have new evidence that you believe could impact your child custody case, you may be able to file a motion for reconsideration or a motion to modify the custody order. However, it’s important to note that these are complex legal procedures and it’s highly recommended to consult with a legal professional for personalized advice.

Motion for Reconsideration

A motion for reconsideration is a request to the court to reconsider its decision based on new evidence or legal arguments that were not previously presented. This is typically filed after a judgment has been made but before the judgment is finalized.

Motion to Modify the Custody Order

If the judgment has been finalized, you may need to file a motion to modify the custody order. In Florida, to modify a custody order, you must show a substantial, material, and unanticipated change in circumstances and that the modification is in the best interests of the child.

Important: The court will only consider new evidence if it is relevant and could potentially change the outcome of the case.

Here are some general steps you might take:

1. Collect all your evidence: This includes any documents, photos, or other evidence that supports your claim.
2. Prepare your motion: This should include a detailed explanation of the new evidence and why it should change the court’s decision.
3. File your motion: You will need to file your motion with the same court that issued the original custody order.
4. Serve the other party: The other party must be notified of your motion and given a chance to respond.
5. Attend a hearing: The judge will review your motion and the evidence, and make a decision.

Please note that this is a general guide and the exact process may vary depending on your specific circumstances and local court rules.

You can find more information on the Florida Courts Family Law Self-Help Information page.

Remember, it’s crucial to consult with a legal professional who can provide advice tailored to your situation. Legal aid services or a local bar association may be able to provide assistance if you cannot afford a lawyer.