Form 12.905a

Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief

Florida Form 12.905a Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief, Instructions, Procedures, Help, Links, free forms download.

Form 12.905a Instructions: Instructions for Florida Supreme Court Approved Family Law Form 12.905(a)

SUPPLEMENTAL PETITION TO MODIFY PARENTING PLAN/ TIME– SHARING SCHEDULE AND OTHER RELIEF (03/09)

This child custody form replaces SUPPLEMENTAL PETITION TO MODIFY CUSTODY OR VISITATION AND OTHER RELIEF (03/08)


When should this form be used?

This form should be used when you are asking the court to change the current Parenting Plan/time-sharing schedule.


Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief

The court can change the Parenting Plan/time-sharing schedule if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the children’s best interests.

Form 12.905a should be typed or printed in black ink. The official forms is not interactive. Have a look at a sample of our fillable interactive form 12.905a.

After completing form 12.905a, you should sign the form before a notary public or deputy clerk.

You should file form 12.905a in the county where the original order was entered.

If the order was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file form 12.905a.

You should file the original with the clerk of the circuit court and keep a copy of form 12.905a for your records.

Download Florida Supreme Court Approved Family Law Form 12.905a

What should I do next?

For your case to proceed, you must properly notify the other party in your case of the form 12.905a 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 divorce, the court may only grant limited relief.

For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), 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 example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a).

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 form 12.905a supplemental petition.

Your case will then generally proceed in one of the following ways:

DEFAULT... If after 20 days, no answer to form 12.905a has been filed, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court.

Then, if you have filed all of the required form 12.905a papers, you may call the clerk, family law intake staff, 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 files an answer that agrees with everything in your form 12.905a supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required form 12.905a papers, you may call the clerk, family law intake staff, 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.

CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your form 12.905a supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers.

Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

If the respondent files an answer and counterpetition to form 12.905a, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

With form 12.905a, you must also file 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 do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

• Parenting Plan, Florida Supreme Court Approved Family Law Form, 12.995(a) or Family Law Form 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 filed. If this case involves a request for relocation of a minor child, pursuant to section 61.13001, Florida Statutes, a proposed Parenting Plan must be attached.

• Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed.

• Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or Florida Family Law Rules of Procedure Form 12.902(c). (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.)

Parenting and Time-Sharing

If you and the respondent are unable to agree a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting and time-sharing arrangements 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 must be completed prior to entry of a final judgment. You should contact the clerk, family law intake staff, 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

Florida Child Support

The court may order one parent to pay child support to assist the other parent in meeting the children’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 children to the other parent.

If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your supplemental petition.

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 financial contributions of both parents.

You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or Rules of Procedure Form 12.902(c), and the other parent will be required to do the same.

From your financial 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 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 visitation with child(ren), or temporary child support, you may file a Motion for Temporary Support 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 file 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 final hearing.

Final Judgment Form

These family law forms contain a Supplemental Final Judgment Modifying Parental Responsibility/Visitation, Florida Supreme Court Approved Family Law Form 12.993(a), which the judge may use.

You should check with the clerk, family law intake staff, 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.

Where can I look for more information?

Before proceeding with form 12.905a, 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 defined there. For further information, see chapter 61, Florida Statutes.

Special notes

If you do not have the money to pay the form 12.905a filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.

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