Peter Ticktin of The Ticktin Law Group, is to argue before the Fourth District Court of Appeal that a probate judge erred by striking a father’s challenge to his former wife becoming a guardian advocate over their autistic son as soon as he turned 18. Prior, the father exercised regular visitation and provided his fatherly love and attention. After the former wife became a guardian advocate (kind of a semi-guardianship), the former wife curtailed all visitation with his autistic son due to her personal animosity toward the father.
The former wife moved for a summary judgment, and the trial judge struck the father’s affidavit for being conclusory, even though it also stated facts.
Selected for Oral Argument before the Fourth District Court of Appeal, Ticktin will argue that it is not the father’s right to see his son, but a denial of the son’s need to see his father. To prevail, he must show the three appellate judges that the affidavit was sufficient as a matter of law, and that it created a genuine dispute regarding whether or not the former wife was acting in her son’s best interest by denying visitation with his father.
Additionally, Ticktin will raise the issue of there being a genuine dispute regarding whether the guardian advocate’s refusal to continue to facilitate the visitation schedule that is new since after she became the guardian advocate is a violation of § 744.361, Fla. Stat., sufficient to warrant her removal and replacement.
Additionally, Ticktin will request that the Court of Appeal reverse the lower court’s award of attorneys’ fees and costs, since they were not supported by contractual or statutory authority in reference to DCA CASE NO.: 4D22-1129 L.T. CASE NO.: MHC20-003090; Filing # 155366050 E-Filed 08/15/2022 05:04:54 PM
The Ticktin Law Group’s case on behalf of the father has been selected for Oral Argument before the Fourth District Court of Appeal November 1, 2022, at 10:00 A.M. for 15 minutes per side through Zoom video conference.
The appellate courts usually only select less than 20 cases per month for Oral Argument.
Attorney Ticktin will represent the Father of autistic son after his mother precluded any visitation by her with his father.
This case also involves the fact that the adult child has not been able to see his father in more than 16 months. The Oral Argument begins at 10:00 AM. It is being livestreamed via the link below: Live Oral Arguments – Second District Court of Appeal (4dca.org) https://www.4dca.org/Oral-Arguments/Live-Video-Oral-Arguments
Media contact: Adrienne Mazzone 561-908-1683; email@example.com.