Motion to Intervene

[mudbunnies]

Soc, you recently helped me with a motion to intervene so that i can be a subsitute for my husband at visitation exchanges, in a florida case.

Your proposed opening paragraph was;

MOTION TO INTERVENE

COMES NOW, xxxxx, pro se, and hereby moves that this Court grant leave to intervene as a party petitioner in this action for the purpose of establishing an independent legal right to custody and/or visitation with the minor child, xxxx.

I filed this and the bio-mom's attorney filed a Motion to Dismiss (not surprised) however their only reason was this statement; "independent legal right to custody and/or visitation" stating that Florida does not provide such for a step-parent.

Dad is all for this and is willing to sign any affidavit or whatever to help


(Just so you dont have to go look it up)

F. S. 46.031 read; Actions by husband and wife, parent or guardian and child.  -- In any action brought by a husband and his wife, parent or guardian and child for an injury done to the wife or child, in which the wife or child is necessarily joined as coplaintiff, the husband, parent or guardian may join claims of any nature in his or her own right.

Suggested rewording;

COMES NOW..........for the purpose of establishing an unrestricted right to perform visitation exchanges

COMES NOW....... the legal father and step-mother..... for the purposes of establishing unrestricted access at visitation exchanges?


1.  Can I file an amended Motion with different wording than that?
2.  What is the best wording to state that all i want to do is be able to pick the child up and drive to dad?
3.  Should dad and I file the amended motion together?
4.  Or can I apply Florida statute 46.031 as grounds for doing this since mom has injured child & dad by refusing to allow substitute pick up


thanks for the help......

[socrateaser]

The statute that you quote is not relevant to the issue, rather it is intended for use in tort and personal injury actions, to permit a member of the family to join in the action.

I'm pretty sure that there is a family law statute in FL permitting a third party to petition for visitation, but I don't have time to look. However, if there isn't, then you would have no legal right to petition for it. So, start looking.