Can I file for a FORM 12.947(a), MOTION FOR TEMPORARY SUPPORT, TIME-SHARING, AND OTHER RELIEF WITH DEPENDENT OR MINOR CHILD(REN)

Question

I have reopened my divorce and served the father. He has answered with a motion to dismiss stating that I did not state how visitation will benefit the child and that there has not been a substantial change in circumstance. I currently have no time sharing or parental responsibility. I have not seen my son in almost 4 years and I am wondering if I can file a form 12.947 to get visitation for the time being waiting for the motion to dismiss hearing? Also, how likely is it that the motion to dismiss will be granted?

Answer

Your in dire need of an attorney, especially so that you are going up against an attorney on the other side. First, you cannot modify a current timesharing plan ratified by a final judgement by motion. You have to file a supplemental petition to modify, not a motion. If you file a motion, the judge will not take any action until the proper pleadings are filed. In your supplemental petition you have to plead facts that would constitute a “substantial, material, unanticipated, change in circumstances” and that your requested change would be in the best interests of the child. If that burden is not even properly pled in your pleading then its very likely the attorneys motion to dismiss will be granted, but it probably will be granted without prejudice so you will have an opportunity to fix your pleading to make it legally sufficient. If you don’t hire an attorney you run the risk of your pleadings being dismissed every time. Call around, and maybe you can find one that will take payments. However most reputable family law attorneys charge a standard retainer amount and reasonable hourly fee. Best of luck to you!