- Jurisdiction
- Florida
I have a few questions regarding a child custody case between my ex-wife and I. In short, she has modified our original parenting plan (put in place four years ago) to an extreme. As a result, I barely get to see my daughter now (only once a month face-to-face). I miss my daughter beyond words and know this parental alienation is damaging her as well.
Let me clarify that I DO NOT have money for an attorney, nor are there any pro-bono attorneys available in my area. With that being said, my questions are:
1. Since it is regarding child custody and a modified parenting plan, would the chapter 39 Florida statutes apply?
2. I was originally filed in this case as indigent. Since my ex has an attorney and I cannot afford one, if chapter 39 statutes apply in this case, I can request an attorney be appointed to me, correct?
3. If being assigned an attorney isn't an option, could I get a guardian ad litem involved to help my side? (The reason I ask is my ex has severely limited my communication with my daughter, but with no evidence justifying why) If this is an option, what kind of motion/petition do I file with the court to request it?
4. My ex knows the judge personally and typically walks right into the courthouse with him. Since her modifications don't have any justification (no evidence for grounds), would it make sense to file an appeal, address that there is no evidence supporting the modification, and request that they overturn the modification and put the original parenting plan back in place? I don't want to upset this judge, but it is clear as day that he is biased and feel getting it in front of another judge would get it tossed.
5. Am I entitled to an evidentiary hearing in a case such as this one? If not, what do I file in order to contest the fact that there is no facts or basis that the modification is based on?
Let me clarify that I DO NOT have money for an attorney, nor are there any pro-bono attorneys available in my area. With that being said, my questions are:
1. Since it is regarding child custody and a modified parenting plan, would the chapter 39 Florida statutes apply?
2. I was originally filed in this case as indigent. Since my ex has an attorney and I cannot afford one, if chapter 39 statutes apply in this case, I can request an attorney be appointed to me, correct?
3. If being assigned an attorney isn't an option, could I get a guardian ad litem involved to help my side? (The reason I ask is my ex has severely limited my communication with my daughter, but with no evidence justifying why) If this is an option, what kind of motion/petition do I file with the court to request it?
4. My ex knows the judge personally and typically walks right into the courthouse with him. Since her modifications don't have any justification (no evidence for grounds), would it make sense to file an appeal, address that there is no evidence supporting the modification, and request that they overturn the modification and put the original parenting plan back in place? I don't want to upset this judge, but it is clear as day that he is biased and feel getting it in front of another judge would get it tossed.
5. Am I entitled to an evidentiary hearing in a case such as this one? If not, what do I file in order to contest the fact that there is no facts or basis that the modification is based on?