Fill and Sign the Florida Petition Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.905(a), SUPPLEMENTAL PETITION TO MODIFY PARENTAL RESPONSIBILITY, VISITATION OR PARENTING PLAN/ TIME– SHARING SCHEDULE AND OTHER RELIEF (11/15) When should this form be used? This form should be used when you are asking the court to change the current parental responsibility, visitation, and/or Parenting Plan/time-sharing schedule. A determination of parental responsibility, a Parenting Plan and a time-sharing schedule may not be modifed without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modifcation is in the best interests of the child(ren). This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk . You should file this form in the county where the original order or judgment was entered. If the order or judgment was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to fle this form. You should fle the original with the clerk of the circuit court and keep a copy for your records. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be fled electronically except in certain circumstances. Self- represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to fle your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you fle . The rules and procedures should be carefully read and followed. What should I do next? For your case to proceed, you must properly notify the other party in your case of the supplemental petition . If you know where he or she lives, you should use personal service . If you absolutely do not know where he or she lives, you may use constructive service . You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a dissolution of marriage, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Family Cases with Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a),(2) and Affidavit of Diligent Search and Inquiry , Florida Family Law Rules of Procedure Form 12.913(b). If the other party is in the military service of the United States, additional steps for service may be required. See, for Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15) example, Memorandum for Certificate of Military Service , Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways: DEFAULT ... If after 20 days, no answer has been fled, you may fle a Motion for Default , Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have fled all of the required papers, you may call the clerk, family law intake staf , or judicial assistant to set a final hearing . You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED ... If the respondent fles an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and fled all of the required papers, you may call the clerk, family law intake staf, or judicial assistant to set a fnal hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED ... If the respondent fles an answer or an answer and counterpetition , which 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 12.924, after you have complied with mandatory disclosure and fled all of the required papers. Some circuits may require the completion of mediation before a fnal hearing may be set. Then you should contact the clerk, family law intake staf, or judicial assistant for instructions on how to set your case for trial (fnal hearing). If the respondent fles an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition , Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read “General Information for Self- Represented Litigants” found at the beginning of these forms. The words that are in “ bold underline ” in these instructions are defned there. For further information, see chapter 61, Florida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sherif or certifed process server, the Florida Rules of Judicial Administration now Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15) require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may fnd this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made. To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certifcate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516. Special notes... If you do not have the money to pay the fling fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fll it out, and the clerk will determine whether you are eligible to have fling fees deferred. With this form, you must also fle the following:  Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).  Child Support Guidelines Worksheet , Florida Family Law Rules of Procedure Form 12.902(e) if you are seeking to modify child support. (If you do not know the other party’s income, you may fle this worksheet after his or her fnancial affidavit has been served on you.)  Parenting Plan , Florida Supreme Court Approved Family Law Form, 12.995(a) or 12.995(b). If the parties have reached an agreement, the Parenting Plan should be signed by both parties. If you have not reached an agreement, a proposed Parenting Plan may be fled.  Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously fled.  Family Law Financial Affidavit , Florida Family Law Rules of Procedure Form 12.902(b) or (c).  Certificate of Compliance with Mandatory Disclosure , Florida Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15) Family Law Rules of Procedure Form 12.932 if you are seeking to modify child support. (This must be fled within 45 days of service 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 exchange these documents.) Parenting Plan and Time-Sharing ... If you and the respondent are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing schedule based on the child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. A parenting course may be required prior to entry of a fnal judgment. You should contact the clerk, family law intake staf, or judicial assistant about requirements for parenting courses or mediation where you live. Listed below are some terms with which you should become familiar before completing your supplemental petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further.  Shared Parental Responsibility  Sole Parental Responsibility  Supervised Time-Sharing  No contact  Parenting Plan  Parenting Plan Recommendation  Time-Sharing Schedule Child Support … The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support , but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the fnancial contributions of both parents and the number of overnights the child(ren) spend with each parent. You must fle a Family Law Financial Affidavit , Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same. From your fnancial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet , Florida Family Law Rules of Procedure Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15) Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Temporary Relief … If you need temporary relief regarding parental responsibility and time-sharing with child(ren), or temporary child support, you may fle a Motion for Temporary Support and Time- Sharing with Dependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. Settlement Agreement … If you and the respondent are able to reach an agreement on any or all of the issues, you should fle a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both parties must sign this agreement before a notary public . Any issues on which you are unable to agree will be considered contested and settled by the judge at the fnal hearing. Final Judgment Form … These family law forms contain a Supplemental Final Judgment Modifying Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief , Florida Supreme Court Approved Family Law Form 12.993(a), which the judge may use. You should check with the clerk, family law intake staf, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer … Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fll out these forms, that person must give you a copy of a Disclosure from Nonlawyer , Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. 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 complete. Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15) IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT, IN AND FOR ________________________ COUNTY, FLORIDA Case No.: ___________________________ Division: __________________________________________________________________________________ _______________________ _ __________, Petitioner, and _______________________ _ __________, Respondent, SUPPLEMENTAL PETITION TO MODIFY PARENTAL RESPONSIBILITY, VISITATION, OR PARENTING PLAN/TIME- SHARING SCHEDULE AND OTHER RELIEF I, {full legal name} ______________________________________ being sworn, certify that the following information is true: 1. The parties to this action were granted a fnal judgment of _____ dissolution of marriage _____ paternity on {date} _____. A copy of the fnal judgment and any modifcation(s) is attached. 2. Paragraph(s) _____ of the _____ fnal judgment or _____ most recent modifcation thereof describes the present parental responsibility, visitation, or Parenting Plan/Time-Sharing schedule. 3. Since the fnal judgment or last modifcation thereof, there has been a substantial, material and unanticipated change in circumstances, requiring a modifcation of the parental responsibility, visitation, or Parenting Plan/Time-Sharing schedule. Those changes are as follows: {explain} _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. I ask the Court to modify the parental responsibility, visitation, Parenting Plan Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15) or Time-Sharing schedule as follows: {explain} _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 5. . This modifcation is in the best interests of the child(ren) because: {explain} _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 6. Petitioner _____ requests _____ does not request that child support be modifed, consistent with the modifcation of the Parenting Plan/Time-Sharing schedule. 7. If necessary, a Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), _____ is, or _____ will be fled. 8. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), _____ is, or _____ will be fled. 9. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is fled with this petition. 10. If not previously fled in this case, a completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is fled with this petition. 11. Other: _________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15) I understand that I 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 fines and/or imprisonment. Dated: Signature of Petitioner STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by NOTARY PUBLIC or DEPUTY CLERK {Print, type, or stamp commissioned name of notary or clerk.} _ Personally known _ Produced identifcation Type of identifcation produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fll in all blanks This form was prepared for the Petitioner. This form was completed with the assistance of: {name of individual} ____________________________________________________________________, {name of business} ____________________________________________________________________, {address} ____________________________________________________________________________, {city} ______________,{state} _____,{zip code}___________,{telephone number} __________________ Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (11/15)