A Motion is NOT a Pleading: What Can a Family Law Motion Do?

Welcome again to the best family law podcast in Florida by Jacobs Law Firm. A quick disclaimer, nothing said here is legal advice. This is simply entertainment, informational, and referential. All right, here's a free lesson, ladies and gentlemen. A motion is not a pleading. How do I know that? Because it's written in the rules. A motion is not a pleading. There is a distinction. This is of the utmost importance in family. Why is it so important? A motion is asking the court to do something. A pleading is a petition, a counter -petition, an answer, a supplemental petition. There are accompanying documents, the child custody affidavit, financial affidavit, notice of social, things like this. But a motion is not a pleading. And of course, this has been well explained by just about every district court of appeal. Recently in 2024, a case came up upon appeal. A party asked the court for absolute majority 100 % time sharing to modify the schedule, to modify a final judgment, a timesharing plan. The trial court mistakenly gave the father in this case 100 percent time sharing with the minor child. And of course, that might be fine if there's an emergency motion due to neglect or imprisonment or something, but it's not supposed to modify a parenting plan. It's merely temporary. In this case, the entire timesharing plan was essentially modified. That can only be done through a petition. Yes, a supplemental petition, but bear with about the technicalities of the nomenclature. Only a petition, and upon a petition, can a time -sharing plan slash final judgment ordered by the court be changed. In the absence of having an open petition in which the court changes the parenting plan and final judgment, you cannot do that. There can be a temporary order, yes, but not a final order based on a motion. A motion asks the court to do something, but it cannot change a final judgment. Therefore, the District Court of Appeals had to come in and even though the minor child's best interest might have been giving that parent 100 % sole and exclusive child custody time sharing, the District Court of Appeals had to clarify that the trial court and no court has the authority to change an entire parenting plan based just upon a motion. There needs to be more. And what more is that? The filing of a supplemental petition for modification of final judgment and parenting plan and or child support. This is of the utmost importance to know. This is of the utmost importance for you to recognize and realize. While I cannot apply this law to your specific cases that would be giving legal advice. It's obvious that simply filing a motion asks the court to do something, especially on a temporary basis, but you cannot change an existing parenting plan and final judgment based only on a motion. A motion is not a pleading, only upon a pleading, such as a supplemental petition or a supplemental counter -petition, then there's relief, be given. And if you approach your case in this manner, there could be consequences. There could be a negative impact and a negative fallout. One of which is if the trial court rules properly, your case might be severely delayed. This has been the best Florida family law podcast by Jacobs Law Firm. I'm attorney Jonathan Jacobs. I'm glad you joined me for this brief lesson, and I hope you learned a little bit of information that maybe you can utilize, look up. Research on your own or call us about and then it will help you have a broader perspective on family law and the court's Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com