Giving notice to CP/right of first refusal/motion to clarify vs. petition to modify visitation

[416021va]

Soc -

When I come up with an idea, legal concept, or principle concerning my child which I feel needs substantiation, I have been sending it Certified Mail Return Receipt.

While I have felt like a dummy in the past for sending it any other way, I would like to know if there are other (cheaper) ways that substantiate that I gave the other parent notice.

I have heard that email communications are not admissable in court due the capacity of "header forgery."

It gets kind of expensive when you often have issues concerning the child (although with your help that you provided me, I am confident that the issues will be reduced).

Yes I know that I need to lump my issues together (just like my posts) :)
but the situation is dynamic and volatile.

Additionally, I would like to know if there is an implicit "right of first refusal" in Florida. I have searched Florida statutes for quite some time, but have never found anything. The question comes more out of curiosity and potential future planning than practicality in my case since the child lives in FL and I live in VA.

Also, I cannot find any motion to clarify at the Florida Supreme Court website:

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

Finally, I tend to agree with what you are saying concerning the Vague nature of my order. I elect to either clarify or petition to modify. I would like to know if it makes sense to clarify when I could just go the whole 9 yards and modify instead.

My questions are as follows:

1) Is there another way to substantiate notice to CP that is cheaper than certified mail, yet admissable in court?

2) Is there an implicit "right of first refusal" in the State of Florida that you may be aware of?

3) Where can I find a family law form for the State of Florida that is specific to a "motion to clarify"? Is this something that I need to draft myself? (If so, no problem)

4) Do I have to both clarify and petition to modify at the same time, since I would like to modify visitation again, or could I just petition to modify?

Thanks a million

[CNTD]

I have tried seding email to the CP's attorney, however she states that issues in this case are not pertinent enough for me to email or telephone her. When I was emailing her, I used ReadNotify and was able to know when she opened it, what the IP/location was, and how many times it was read, or if it was forwarded etc. There is a free trial period, then $30 something per year there after. The link to ReadNotify is http://www.readnotify.com/readnotify/ at the least you can print out the pages tracking the emails. However I wouldn't rely just on the emails, though they have been allowed into evidence prior, it depends on the Judge, and the state of jurisdiction.

So, I went back to sending registered/certified mail.

[socrateaser]

>My questions are as follows:
>
>1) Is there another way to substantiate notice to CP that is
>cheaper than certified mail, yet admissable in court?

Regular 1st Class mail is admissible. The problem is that if the other parent states that he/she never received the mail, then you have to prove that he/she did receive it. If the other parent responds to your mail (Response Doctrine), that is proof that he/she received it.

Certified is proof of delivery, but it is not proof that the contents of the letter contains the notice you claim it contains. In order to prove that letter was actually delivered, you must write the certified number on the face of the letter and retain a copy of the letter, and then mail it certified using that certified mail number. Which means you must have a handful of blank certified mail receipts before you go to the post office so you can use a specific number for the letter.

Most people will not deny the contents of a letter if it's mailed to them certified, but if they do, and you didn't write the number on the letter and keep a copy, then you still haven't proved the contents.

The only other way to prove the contents of the letter is to have a third party serve it. If that person hands the letter to the other party, then they can tetsify that they served a letter with particular contents on the other party. If they send the letter by 1st Class mail, then they can testify that they send a particular letter by 1st Class mail, but they can't testify that the letter was received.

Service by mail, of actual legal process that occurs during the pendency of a legal action where the other party has previously been served notice of the action pending, is constructive notice even if the letter is not actually delivered.

But, outside of a pending legal proceding, service by mail is no more effective than just mailing 1st Class.

The best way to prove that you provided notice, is to send via certified mail with a copy of the certified number on the face of the correspondence, or to have a third party personally serve the letter after reading it so that they can testify to its contents.

Everything else, while it usually is sufficient, is potentially objectionable in court as lacking sufficient foundation.

>2) Is there an implicit "right of first refusal" in the State
>of Florida that you may be aware of?

No. Nor anywhere else, that I'm aware of.

>
>3) Where can I find a family law form for the State of Florida
>that is specific to a "motion to clarify"? Is this something
>that I need to draft myself? (If so, no problem)

I don't know. If it's not online, then it probably doesn't exist, but you can call the family law facilitator in the court where you are trying to file and ask how they recommend doing it. Except that many facilitators won't give you any info over the phone except to schedule an appointment.

>4) Do I have to both clarify and petition to modify at the
>same time, since I would like to modify visitation again, or
>could I just petition to modify?

Clarification is the act of removing an ambiguity in an existing order. The burden of proof is preponderance of the evidence, which means that the ambiguity is "more likely than not."

Modification requires clear and convincing evidence of a change in the child's circumstances which affects the child's best interests. It is a magnitude more difficult to prove up.