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Family Law (Divorce, Family Relations)/amending a supplemental pettionto modify parental responsibility , visitation, or parenting paln/time-sharing and other relief


I completed the petition to modify parental responsibility 12.905(a) and the additional required forms but failed to realized that since I did not originally petition the court that I would stay the respondent.  So all of my paperwork I've sumbitted shows me as the petitioner. Which is incorrect. How do I go about amending this. I'm looking for a motion to amend but I haven't been able to locate it.  The respondent has not replied back yet. So I think I still have a window of opportunity to amend but not sure. Thank you.

If there has not been a response to the Petition you may amend by filing and serving amended pleadings any time prior to the response being filed for the original pleading. Personally, I would not be to concerned  with amending the pleading based upon the designation of the parties. If the opposing party files a response and switches the designation then just go with it and keep their designation from that point forward. Technically, if you are filing a Petition for Modification you are the Petitioner at this point as the prior designations were removed at the end of the last proceeding filed with the court. So if you started out as the Husband/Respondent in the original action and that action was completed you would now be Former Husband/Petitioner or Father/Petitioner if the prior action was a paternity case.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951  

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Dan Bachert


I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.


Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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