up in the air.....

[SM_in_FL]

Hi Soc!
Got another one for you: Hubby filed an emergency mod of custody based on some domestic violence in bm's home, where sd resides. Now it was set for hearing on the 22nd of sept, however because of the hurricane, it was rescheduled (at least that's what he was told at the time). It has not been. Hubby called the court and was told that it was referred to the general master for hearing, but the gm has no knowledge of any such motion. Basically no one knows where the thing is....sooooooooo

1) What does he have to do to get the thing heard, specially if it had been scheduled but then cancelled due to natural reasons?

2) Does he file again, or just go to the motion calendar window and request a hearing on it?

3) any other advice would be greatly appreciated :D

Thanks tons!
SM

[socrateaser]

>1) What does he have to do to get the thing heard, specially
>if it had been scheduled but then cancelled due to natural
>reasons?

If you had to pay a filing fee, then your check would be proof that it was filed. But, you will probably need to file it again and ask the court to refund your filing fee.


>
>2) Does he file again, or just go to the motion calendar
>window and request a hearing on it?

See above. If there's no document, then the clerk won't calendar it.