How much time do I have in Florida to amend an "Answer" to a Motion? Family Law

Asked about 1 year ago - Orlando, FL

My ex- filed a Motion for Modification and Parenting Plan pro se. I answered within the 20 days allowed pro se. I would like to add something to my "Answer". Can I? Do I have time? Thanks.

Attorney answers (6)

  1. Mario Raynald Theodore

    Contributor Level 10

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    Answered . This question is governed by the Florida Family Law Rules and the Florida Rules of Civil Procedure. In this instance, you will have to seek leave of court by filing a motion to amend your answer. Normally, you will have to attach a copy of your suggested revised answer to your motion to amend. The ability to amend your "Answer" will probably weigh upon why or what you wish to add, revise or subtract.

    This is not legal advice and an attorney client relationship has not been formed. It is important to seek the... more
  2. Robert M Chambers

    Contributor Level 14

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    Answered . You can amend once so long as no other pleadings have been filed. Otherwise only with his permission or court order in a motion to amend from you. Court is supposed to liberally allow amendments and usually does unless set for trial or hearing.

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client... more
  3. William Charles Rosenfelt

    Contributor Level 20

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    Answered . Generally, family court judges in Florida will allow a party to amend their pleadings as almost a matter of right; although an amending party does have to follow the rules if they want to amend after a responsive pleading has been served/filed, etc.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  4. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

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    Answered . Yes you can - the timing of it will determine if you need to file a motion for leave to amend. I would recommend you consult with a local attorney or read the rules of civil procedure that govern.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  5. Aquesha Delores Daniels

    Contributor Level 4

    3

    Lawyers agree

    Answered . I agree with my colleagues. You may amend your answer so long as no responsive pleading has been filed and served. Otherwise, the other option would be to ask the Court through a motion for leave to amend your answer if you would like to add something to it. Hiring an attorney could help you accomplish this.

  6. Jennifer Thompson Dane

    Pro

    Contributor Level 2

    3

    Lawyers agree

    Answered . The simple answer is yes you can always request the court allow you to file an Amended Answer, it is not too late.

    Jennifer T. Dane, Esq.
    407-260-0500
    JenniferDaneLaw.com

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