Fillable Printable Supplemental Petition to Modify Parental Responsibility - Florida
Fillable Printable Supplemental Petition to Modify Parental Responsibility - Florida
Supplemental Petition to Modify Parental Responsibility - 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 (12/10)
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 modified without a showing
of a substantial, material, and unanticipated change in circumstances and a determination that the
modification 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 file this
form. You should file the original with the clerk of the circuit court and keep a copy for your
records.
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 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). 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 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
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 (12/10)
all of the required 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
supplemental petition or an answer and waiver, and you have complied with mandatory disclosure
and filed all of the required 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 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, 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
defined there. For further information, see chapter 61, Florida Statutes.
Special notes...
If you do not have the money to pay the 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.
With this form, 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 are seeking to modify child support. (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.)
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 (12/10)
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 filed.
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 (c).
Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of
Procedure Form 12.932 if you are seeking to modify child support. (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 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 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
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.
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 (12/10)
These guidelines are based on the combined income of both parents and take into account the
financial contributions of both parents and the number of overnights the child(ren) spend with each
parent. You must file 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 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 time-sharing
with child(ren), or temporary child support, you may file 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 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, 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 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.
Nonlawyer… Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer
helps you fill 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 fill 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 (12/10)
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 final judgment of ( ) dissolution of marriage ( ) paternity
on {date} ___________________. A copy of the final judgment and any modification(s) is attached.
2. Paragraph(s) _____ of the ( ) final judgment or ( ) most recent modification thereof describes
the present
parental responsibility, visitation, or Parenting Plan/Time-Sharing schedule.
3. Since the final judgment or last modification thereof, there has been a substantial, material and
unanticipated change in circumstances, requiring a modification 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 or Time-Sharing
schedule as follows: {explain}
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 (12/10)
_________________________________________________________________________________
_________________________________________________________________________________
5. This modification is in the best interests of the child(ren) because: {explain}
6. Petitioner ( ) requests ( ) does not request that child support be modified, consistent with the
modification 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 filed.
8. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or
(c), is, or will be, filed.
9. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida
Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.
10. If not previously filed in this case, a completed Notice of Social Security Number, Florida Supreme
Court Approved Family Law Form 12.902(j), is filed 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 (12/10)
__________________________________________________
___________________________________________
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
Printed Name: ______________________________________
Address: ___________________________________________
City, State, Zip: ______________________________________
Telephone Number: __________________________________
Fax Number: ________________________________________
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 deputy clerk.]
___ Personally known
___ Produced identification
Type of identification produced _____________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in
all blanks]
I, {full legal name and trade name of nonlawyer} ,
a nonlawyer, located at {street} , {city}__________________,
{state} , {phone} , helped {name}______________________________,
who is the petitioner, fill out this form.
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 (12/10)
