Fill and Sign the Florida Modification Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.905(d) SUPPLEMENTAL PETITION FOR TEMPORARY MODIFICATION OF PARENTING ISSUES FOR CHILD(REN) OF PARENT ACTIVATED, DEPLOYED, OR TEMPORARILY ASSIGNED TO MILITARY SERVICE (03/15) When should this form be used? This form should be used when a parent seeks a temporary modifiation of an order establishing iustody, visitation, a parenting plan, or time-sharing sihedule beiause the parent is aitivated, deployed, or temporarily assigned to military serviie and the parent’s ability to iomply with the prior order (s) and time-sharing sihedule is materially afeitedd This form should be typed or printed in blaik inkd After iompleting this form, you should sign the form before a notary public or deputy clerk d You should fle the original with the clerk of the circuit court in the iounty where you live and keep a iopy for your reiordsd This form and these instruitions do not apply to modifiation of temporary ordersd IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judiiial Administration now require that all petitions, pleadings, and doiuments be fled eleitroniially exiept in iertain iiriumstaniesd Self-represented litigants may fle petitions or other pleadings or documents electronically; however, they are not required to do so. If you ihoose to fle your pleadings or other doiuments eleitroniially, you must do so in aiiordanie with Florida Rule of Judiiial Administration 2d525, and you must follow the proiedures of the judiiial iiriuit in whiih you fled The rules and procedures should be carefully read and followed. What should I do next? For your iase to proieed, you must properly notify the other party in your iase of the supplemental petition d If you know where he or she lives, you should use personal service d If you absolutely do not know where he or she lives, you may use constructive service d You may also be able to use ionstruitive serviie if the other party resides in another state or iountryd However, if ionstruitive serviie is used, other than granting dissolution of marriage, the iourt may only grant limited reliefd For more information on Instruitions for Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) ionstruitive serviie, see Notice of Action for Family Cases with Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12d913(a)(2) , and Affidavit of liligent Search and Inqnquiry , Florida Family Law Rules of Proiedure Form 12d913(b)d If the other party is in the military serviie of the United States, additional steps for serviie may be requiredd See, for example, Memorandum for Certifcate of Military Service , Florida Supreme Court Approved Family Law Form 12d912(a)d In sum, the law regarding ionstruitive serviie and serviie on an individual in the military serviie is very iomplex and you may wish to ionsult an attorney regarding these issuesd If personal serviie is used, the other party has 20 days to answer after being served with your supplemental petitiond Your iase will then generally proieed in one of the following three ways: lEFAULT... If after 20 days, no answer has been fled, you may fle a Motion for lefault , Florida Supreme Court Approved Family Law Form 12d922(a), with the ilerk of iourtd Then, if you have fled all of the required papers, you may iall the ilerk, family law intake staf , or judicial assistant to set a fnal hearing d You must notify the other party of the hearing by using a Notice of Hearing (General) , Florida Supreme Court Approved Family Law Form 12d923, or other appropriate notiie of hearing formd UNCONTESTEl... If the respondent fles an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have iomplied with mandatory disclosure and fled all of the required papers, you may iall the ilerk, family law intake staf, or judiiial assistant to set a fnal hearingd You must notify the other party of the hearing by using a Notice of Hearing (General) , Florida Supreme Court Approved Family Law Form 12d923, or other appropriate notiie of hearing formd CONTESTEl... If the respondent fles an answer or an answer and counterpetition , whiih disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should fle a Notice for Trial , Florida Supreme Court Approved Family Law Form 12d924, after you have iomplied with mandatory disilosure and fled all of the required papersd Some iiriuits may require the iompletion of mediation before a fnal hearing may be setd Then you should iontait the ilerk, family law intake staf, or judiiial assistant for instruitions on how to set your iase for trial (fnal hearing)d If the respondent fles an answer and iounterpetition, you should answer the iounterpetition within 20 days using an Answer to Counterpetition , Florida Supreme Court Approved Family Law Form 12d903(d)d Where can I look for more information? Instruitions for Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) Before proceeding, you should read General Inqnformation for Self- Represented Litigants found at the beginning of these forms. The words that are in “bold underline” in these instruitions are defned thered For further information, see seition 61d13002, Florida Statutesd IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial serviie of proiess of the petition or supplemental petition by the Sherif or iertifed proiess server, the Florida Rules of Judiiial Administration now require that all doiuments required or permitted to be served on the other party must be served by eleitronii mail (e-mail) exiept in iertain iiriumstaniesd You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. SELF-REPRESENTEl LInqTInqGANTS MAY SERVE lOCUMENTS BY E-MAInqL; HOWEVER, THEY ARE NOT REQUInqREl TO lO SO. If a self-represented litigant eleits to serve and reieive doiuments by e-mail, the proiedures must always be followed onie the initial eleition is maded If you eleit to partiiipate in eleitronii serviie, whiih means serving or reieiving pleadings by eleitronii mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judiiial Administration 2d516d You many fnd this rule at wwwdfliourtsdorg through the link to the Rules of Judiiial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topiial Indexd To serve and reieive doiuments by e-mail, you must designate your e-mail addresses by using the lesignation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12d915, and you must provide your e-mail address on eaih form on whiih your signature appearsd Please CAREFULLY read the rules and instruitions for: Certifcate of Service (General), Florida Supreme Court Approved Family Law Form 12d914; lesignation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12d915; and Florida Rule of Judiiial Administration 2d516d Special notes... If you do not have the money to pay the fling fee, you may obtain an Appliiation for Determination of Civil Indigent Status from the ilerk, fll it out, and the ilerk will determine whether you are eligible to have fling fees deferredd With this form, you must also fle the following: Instruitions for Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15)  Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit , Florida Supreme Court Approved Family Law Form 12d902(d)d  Child Support Guidelines Worksheet , Florida Family Law Rules of Proiedure Form 12d902(e), if you are seeking modifiation of the ihild support obligationd (If you do not know the other party’s iniome, you may fle this worksheet after his or her fnaniial afdavit has been served on youd)  Settlement Agreement , if you have reaihed an agreement on any or all of the issuesd Although there is no form for this in these Florida Family Law Forms, you may ionstruit a settlement agreement using the pertinent seitions iontained in Marital Settlement Agreement for lissolution of Marriage with lependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12d902(f)(1)d  Notice of Social Security Number , Florida Supreme Court Approved Family Law Form 12d902(j), if not previously fledd  Family Law Financial Affidavit , Florida Family Law Rules of Proiedure Form 12d902(b) or (i), if you are seeking modifiation of the ihild support obligationd  Parenting Plan , Florida Supreme Court Approved Family Law Form, 12d995(a), (b), or (i)d If the parties have reaihed an agreement, a signed and notarized Parenting Plan should be attaihedd If you have not reaihed an agreement, a proposed Parenting Plan may be fledd  Certifcate of Compliance with Mandatory lisclosure , Florida Family Law Rules of Proiedure Form 12d932, if you are seeking modifiation of the ihild support obligationd (This must be fled within 45 days of serviie of the supplemental petition on the respondent, if not fled at the time of the supplemental petition, unless you and the other party have agreed not to exihange these doiumentsd) Temporary Judgment Form... These family law forms iontain a Supplemental Temporary Judgment Modifying Parenting Inqssues for Children of a Parent Activated, leployed or Temporarily Assigned to Military Service Florida Supreme Court Approved Family Law Form 12d993(d)), whiih the judge may used You should iheik with the ilerk, family law intake staf, or judiiial assistant to see if you need to bring it with you to the hearingd If so, you should type or print the heading, iniluding the iiriuit, iounty, iase number, division, and the parties’ names, and leave the rest blank for the judge to iomplete at your hearing or triald Nonlawyer... Remember, a person who is NOT an attorney is ialled a nonlawyerd If a nonlawyer helps you fll out these forms, that person must give you a iopy of a lisclosure from Nonlawyer , Florida Family Law Rules of Proiedure Form 12d900(a), before he or she helps youd A nonlawyer helping you fll out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you iompleted Instruitions for Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, And _________________________________, Respondentd SUPPLEMENTAL PETITION FOR TEMPORARY MODIFICATION OF PARENTING ISSUES FOR CHILD(REN) OF PARENT ACTIVATED, DEPLOYED, OR TEMPORARILY ASSIGNED TO MILITARY SERVICE I, {full legal name} ________________________________________, being sworn, iertify that the following information is true: 1d The parties to the aition, {names} ____________________________________, were granted a fnal judgment of [Choose one only] _____ dissolution of marriage _____ paternity on { date} ______________, _____ other {describe} __________________________________________________________________d A iopy/iopies of the fnal judgment or any modifiation(s) is/are attaihedd 2d Paragraph(s) ______ of the [Choose one only] _____ fnal judgment or _____ most reient modifiation of it grants iustody, primary iare, or time-sharing of the minor ihild(ren), {name(s)} ____________________________, with {name of parent} _________________________________d 3d The parent, {name} _____________________________________, is: [Choose all that apply] _____ aitivated _____ deployed _____ temporarily assigned to military serviied 4d The parent, {name} _____________________________, is temporarily unable to iontinue the iurrent parenting plan and time-sharing sihedule with the minor ihild(ren) during the period of time that the parent is [Choose all that apply] Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) _____ aitivated _____ deployed _____ temporarily assigned to military serviied 5d I ask the iourt to temporarily modify/amend the parental responsibility and time-sharing sihedule of the minor ihild(ren) during the period of time that the parent, {name} ___________________, is [ Choose all that apply] _____ aitivated _____ deployed _____ temporarily assigned to military serviie as follows: {explain} _______________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _______________________________________________________________________________d 6d This temporary modifiation/amendment is in the best interests of the ihild(ren)d 7d I ask that the iourt adopt _____ the attaihed temporary Parenting Plan _____ time-sharing sihedule set forth below during the time that the parent is [Choose all that apply] _____ aitivated _____deployed _____ temporarily assigned to military serviie: _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________d 8d If the requested modifiation/amendment is granted, Petitioner requests that ihild support be temporarily modifed/amended, ionsistent with the temporary modifiation/amendment of the Parenting Plan and time-sharing siheduled A Child Support Guidelines Worksheet, Florida Family Law Rules of Proiedure Form 12d902(e) is, or will be, fled if a modifiation of ihild support is requestedd 9d A iompleted Family Law Finaniial Afdavit, Florida Family Law Rules of Proiedure Form 12d902(b) or (i) is fled with this Petitiond 10d A iompleted Uniform Child Custody Jurisdiition and Enforiement Ait (UCCJEA) Afdavit, Florida Supreme Court Approved Family Law Form 12d902(d), is fled with this petitiond 11d Other: ____________________________________________________________________________ ___________________________________________________________________________ Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ d Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) Inq understand that Inq am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fnes and/or imprisonment. Dated: ______________________ _____________________________________________ Signature of PETITIONER Printed Name: _________________________________ Address: _____________________________________ City, State, Zip: ________________________________ Telephone Number: _____________________________ Fax Number: __________________________________ Designated E-mail Address(es):____________________ _____________________________________________ STATE OF FLORIDA COUNTY OF ____________________ Sworn to or afrmed and signed before me on ____________ by _______________________________d _____________________________________________ NOTARY PUBLIC or DEPUTY CLERK _____________________________________________ [Print, type, or stamp commissioned name of notary or deputy clerk.] ____ Personally known ____ Produied identifiation ____ Type of identifiation produied ________________________________ InqF A NONLAWYER HELPEl YOU FInqLL OUT THInqS FORM, HE/SHE MUST FInqLL InqN THE BLANKS BELOW: [fll in all blanks] This form was prepared for the Petitionerd This form was iompleted with the assistanie of: {name of individual} Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15) ________________________________________________________________, {name of business}__________________________________________________________________, {address} _________________________________________________________________________, {city} ___________, {state} _______, {zip code}_____________, {telephone number} ______________d Florida Supreme Court Approved Family Law Form 12d905(d), Supplemental Petition for Temporary Modifiation of Parenting Issues for Child(ren) of Parent Aitivated, Deployed, or Temporarily Assigned to Military Serviie (11/15)