What family judge “considers” for 4 year old visitation is inappropriate standard
I recently had a case in Jacksonville where a Father filed a motion for clarification of final judgment which provides for summer visitation once child turns 5 but also lists a year (2009) which is 2 years prior to the child turning 5.
The Judge entered order,without a hearing, stating that he “considers a 4 year old of sufficient age to have summer visitation [with nonresidential parent – father].”
As the mother’s attorney, we filed a motion for rehearing and to set aside said order because if there is an ambiguity in the final judgment, then an evidentiary hearing is required. A hearing was held and the Judge ruled in our favor the Judge’s order was set aside.
[/column]
A graduate of the University of Florida for his B.A. And Law degree, Chris is an avid Florida Gator fan, as well as Pearl Jam, Nascar and Golf.
Read Chris' full bio
- Over 100 Breath Tests Excluded in Florida - November 13, 2018
- Practice Tips for Injunction Court - October 30, 2018
- 3 Tips to Help You Beat Traffic Tickets - January 25, 2018