Response To Child Custody Papers

by Lisa from Port St Lucie, Florida, St. Lucie County

How do I file a response to a child custody motion?

The father of my 8 week old baby served me with papers to establish paternity, visitation and child support.

I do not agree with all that he is asking for in the visitation papers.

How do I write a "response" to the papers. It says I have 20 days to respond.

Answer to Florida Child Custody Question

Dear Lisa,

Yes you have 20 days to respond.

The 20 days begins the day after you were served with the papers; and includes weekends, but not holidays.

I could not find a form that is exactly suited to your situation on the Florida Supreme Court's website, www.flcourts.org.

The closest form I found to your situation is Form 12.903(c)(1) Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren).

Take a look at that form and use it as a guide to prepare an Answer that fits your situation. There is also an Answer to Supplemental Petition, Form 12-903(e) that may be used in the same way.

Write the header the same way that he wrote it on his petition. The same court name, case number, parties, etc. You can name your response, Answer or Response to (whatever the name of his document).

In the body of the response, answer each item, number by number. Either affirm; deny; have no knowledge; or affirm in part and deny in part. Give your reasons as clearly as you can.
If he filed a Parenting Plan, Form 12.995(a), my suggestion is that you also file a Parenting Plan.

Let the judge or mediator help you find the middle ground, if you cannot come to an agreement.

Whatever you file with the clerk of court, you must also furnish to him. Make sure you go to the hearing so that you have your say in court.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Response To Child Custody Papers

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Which Child Support Form to Respond?
by: Johnny from Orlando

I was served a summons for child support and would like to know how to respond. What kind of form do I need? What is the name or number of the form? In Nov of 2011 I began to work after being unemployed for about 2yrs. According to the summons her attorney is requesting for me to paid back 24 months of child support. I have been giving the baby money every two weeks, which I have the money orders to prove.

Would that be taken into consideration?
Her attorney is also requesting for me to pay medical insurance and my understanding is that she is receiving foodstamps and she is a Server and gets paid 4.50 an hour, and qualify for Health Kids or Medicaid...which I would glady pay for the Health Kids.

--The Supreme Court approved form you need to respond depends on the title of the Petition that was served on you. If you were served the Petition to Determine Paternity, the form to respond is the Answer to Petition to Determine Paternity and for Related Relief, Form 12.983(b).

If you were served with a Supplemental Petition to Modify Child Support, the approved form to file would be the Answer to Supplemental Petition, Form 12.903(e). As for your second question, yes, any payments made for the support and care for your child will be taken into consideration when determining retroactive child support. --Staff


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