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How do I file a motion in Florida court?

The basic requirements for filing a motion to dismiss in a criminal case include: Be in writing and signed by the party or party's attorney making the motion. State the grounds for the case. A copy of the motion must be served on the adverse party. Be sworn by the defendant. Be accompanied by a certificate of service.

At what age can a child choose to not visit parent in Florida?

As a general rule, children 12 years of age and older are seen as eligible to make a decision on which parent they want to live with, simply because they most often meet the criteria described above.

At what age does a judge listen to a child in Florida?

However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.

Can a 12 year old decide which parent to live with in Florida?

In Florida, the age a child can choose a parent to live with will depend on the child's overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child's preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.

At what age can a child testify in family court in Florida?

In Florida, children can testify in court when they are \u201cof sufficient age and maturity\u201d. No specific age is mentioned in the law. Children can testify at the discretion of the family court judge, based on an attorney's request. The judge rules on the request at a separate hearing.

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Who can serve a subpoena in Florida?

* A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made as provided by law.

Can a child give evidence in family court?

There is no clear age at which children can give evidence in family court proceedings. Section 1(3) of the Children Act 1989 sets out a check-list of factors the court is required to take into account when making a decision which affects the welfare of a child.

Can a child testify in a custody hearing in Florida?

Under Florida law (Florida Family Law Rules of Procedure 12.407), children are prohibited from testifying in family law cases\u2014including in custody proceedings and divorce proceedings\u2014unless a compelling reason has been presented.

What is the youngest age you can testify in court?

Generally, children as young as three or four years old may qualify to testify, but some children are simply too young or too immature to be competent witnesses. In order to determine whether a child is competent, the judge interviews the child, usually in the judge's chambers or in a closed courtroom.

How old does a child have to be to testify in family court in Florida?

In Florida, children can testify in court when they are \u201cof sufficient age and maturity\u201d. No specific age is mentioned in the law. Children can testify at the discretion of the family court judge, based on an attorney's request. The judge rules on the request at a separate hearing.

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