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.
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Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401