General Magistrate Hearing?

[FL Step Mom]

We received a notice that our case was to be heard by a General Magistrate.  It stated that if we wanted to be heard by a Judge instead, we must object.

The papers we filed is changing to joint custody with all of school year with BF and summer with BM.  Both parties have agreed on this and signed the paperwork.

We have had the children in our home (BF) for two months now.  The entire time we have been catering to BM to keep her happy and from changing her mind.  Even paying for her hotel rooms when she has no where to stay.

Do we want to be heard by a General Magistrate?  Or should we insist on a Judge?  What does all this mean.  Can the Magistrate make a final decision?  Should we let BM know about the hearing?  We have no idea how she will behave at that time.

Any advise would be very helpful.

FL Step Mom

[ocean]

It is my understanding that it is like going to a mediator. This person will make sure everything is in there and you both agree. You may have to walk over to the judge and make it official or the papers will just go and get the judge's signature after you both have signed. Good luck!

[FL Step Mom]

So how would it look if BM didnt show up?  She has no transportation, and she may even be in jail when the time comes.  I am assuming that it would just look as though she didnt care.  But I am afraid that they might want to reschedule.  

Also, do you really think it will all be over that same day, or might it take a few more weeks after that for a judge to see it?

Thanks so much for your help!

FL Step Mom

[jes136e]

I suggest that you ask the court about this.  Magisgrates in different states function differently.  Short of that, ask an attorney.  Having said that, a Magistrate is like a judge.  The magistrate may be asked to hear and report (to the judge) on the case, in which case he/she will make a recommendation to the judge after a hearing.  After that, it is up to the judge to make a final decision.  If the judge agrees with the magistrate, it may be that what the magistrate says, will happen.  If the magistrate is supposed to do more than (just) hear and report on the case, what the magistrate decides will be it.  I do not believe that there is any advantage to the parties to having a magistrate hear the case.  It lessens the judge's case load.  I do not believe that the magistrate functions as a mediator.  If the case settles while before the magistrate, then the case settles.  In any event, whoever hears the case should handle these cases frequently.  Again, as the court and/or an attorney as to the pros and cons of having a magistrate hear the case.

[jes136e]

I suggest that you ask the court about this. Magisgrates in different states function differently. Short of that, ask an attorney. Having said that, a Magistrate is like a judge.  Magistrates leseen the judge's case load.  The magistrate may be asked to hear and report (to the judge) on the case, in which case he/she will make a recommendation to the judge after a hearing. After that, it is up to the judge to make a final decision. If the judge agrees with the magistrate, it may be that what the magistrate says, will happen. If the magistrate is supposed to do more than (just) hear and report on the case, what the magistrate decides will be it. I do not believe that there is any advantage to the parties to having a magistrate hear the case. I believ that it simply lessens the judge's case load. I do not believe that the magistrate functions as a mediator. If the case settles while before the magistrate, then the case settles. In any event, whoever hears the case should handle these cases frequently. Again, as the court and/or an attorney as to the pros and cons of having a magistrate hear the case.

[sherrie ohio]

In our case my husband an Ex went before a Magistrate.Each said what they would like to happen,and gave example's to back up what they wanted.The G.A.L told their finding's,then the magistrate ruled.Magistrate and the G.A.L sighned off on it and sent it to the Judge to sighn off on.And the papers were mailed to both parties a couple weeks later.