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Modify his parental responsibility , visitation and parenting plan / time sharing schedule

Boca Raton, FL |

Hello . My ex husband filed a petition to modification his parental responsibility , visitation and parenting plan / time sharing schedule in November of last year . I in turn filed a response with the court w / in 20 days , as the papers instructed . I received a packet from my ex - husband , sent via USPS priority mail on or around December 7th , 2012 . I have not sent another response as of today , but just realized that I may need to . There hasn't been a court / trial date set as of yet , so should I request a court date so that we can go before a judge to resolve our issues , or do I need to file a written response , to his response , to my response from his original petition ? I feel like we are just going in circles with paperwork , but nothing is getting resolved . Since this last round of documents was delivered to me via USPS priority mail , is it too late for me to send a written response via the courts ? Does this mean that whatever my ex - husband put in the last round of papers , the judge will automatically approve ? I will list the disputes that we have : My ex husband voluntarily quit a job locally and moved 4 hours away for a job that pays less . Our current visitation agreement is that I am the residential custodial parent , having my son except from end of school on Wednesdays until pm and from end of school on Friday's until pm on Sunday nights , every other weekend . My ex - husband randomly took his visitation when living here , but now , of course , isn't seeing his son on a weekly or every other weekend bases . Additionally , our decree states that on certain holidays , our son is to be with his father . During this last Thanksgiving and Christmas break , my ex - husband tried to force me to be out the expense and time of getting my son to and from the airport for flights that I didn't approve . ( BTW our son is 13 years old and I am not in agreement that he should be traveling alone ) Our current agreement states that my ex - husband is responsible for picking up our son and returning him to my residential home , not that I'm responsible for taking him or picking him up for my ex - husbands visitation . Additionally , in our current divorce decree , my ex - husband agreed to establish and pay for a 4 year per - paid college fund . He started this , but then within a year or so , my ex - husband liquidated the account and never reestablished it . In my original response to his November petition , I asked that the court insist that my ex - husband re - establish this account , as my son is due to start college in a little over 5 years . There are other matters , but my main issues are with new visitation schedules / procedures , child support modification ( since I now have my son almost 1990s of the time and my ex voluntarily quit a higher paying job to move away from his son and make less money ) , and the college per - paid account . Your assistance is greatly appreciated . BTW , my ex - husband and I both live in Florida .

Attorney Answers 2

Posted

Without knowing what he sent there is no way to respond to you. You need to consult with an attorney and have that attorney review all your paperwork and advise you.

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Posted

If you did more than admit or deny the allegations of your former husband's Petition for Modification then he may have responded to what appeared to be statements made as a counter-petition without being labeled by you as such or affirmative defenses made by you in your response. Either way you do not need to respond to his response unless he raised new issues and requests for relief that should have be raised in an amended petition. Be aware that if you requested relief other than a denial of the relief your former husband requested in his Petition for Modification your Answer is technically improper and should be filed as as Answer and Counter-Petition for Modification.

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. If you are getting confused regarding how and what pleadings you should be filing and when you should be filing them imagine how difficult its going to be to present your evidence to the court when you do not know the rules of evidence. You should obtain the assistance of a family law attorney.

Sincerely,

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

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.

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2 comments

Asker

Posted

Thanks, Mr. Bachert. What happened was that my ex-husband filed a petition and I was told that I didn't have to file anything under a specific title or form, but simply respond in a letter to the court addressing each of the issues that the original petition addressed. In my response, I also included some counter-issues that I had (such as pre-paid college fund, proof of life insurance, and requesting permission to allow my son to have a passport for international travel). Of course, I also addressed my opposition to my ex-husbands request for reduced child support and the visitation schedule and method that he proposed. Again, I didn't title this letter as anything specific, i.e. "affirmative defenses". Then I guess he filed a more formal looking response noting "affirmative defenses". I just wasn't sure if I now had to file a response to his response that was prompted by my initial response to his initial petition. At this point, am I able, as the "defendant" to file for a notice of hearing so that we can just get in front of a judge and get something resolved. As I said, my ex, as the petitioner, has yet to request a court date. Your reply would be greatly appreciated.

Daniel A. Bachert

Daniel A. Bachert

Posted

Yes, you can file a Notice for Trial

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