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What forms do I use to answer and counterpetition to a Suppl. Pet. to Modify Parental Resp., Visitation, or Time Sharing?

Atlanta, GA |

My Husbands daughter resides in Florida with her Mother. She has sent a Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time Sharing schedule and other relief form. I would like to answer and counter-petition, however I do not see a form to counter-petition if unmarried. The directions state to create using the Dissolution of Marriage form, but again they were never married. What is the most professional way to create this?

Attorney Answers 3


  1. Your husband needs to hire an attorney who is licensed in the state where that case is pending as quickly as possible. You shouldn't try doing the response, because your husband's rights may be jeopardized, and unless you are an attorney you would be practicing law without a license. Based on the name of the petition you stated, I am not familiar with any such form in Georgia, though it may be something specific to FL law. Also, normally a "supplemental" document is likely an amendment or addition to a previously filed document, not an initial document. Therefore, it is unclear whether that "Supplemental Petition" is initiating the case you are asking about, or is an amendment to a previously filed one. Good luck.


  2. From the wording you are using, this does not sound like a Georgia modification action. Therefore, assuming it is filed in Florida, you could re-post your question to a Florida attorney on this site to find out more accurate information. Georgia does not have standard forms and I do not know if Florida does. However, I think you are going to find that he needs an attorney, and doing this wrong could find him subject to modification of his rights that he may not be happy with.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP EMAIL: hmgrmg@yahoo.com, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  3. To be completely honest, I'm afraid you are WAY over your head trying to do this unless you are an attorney trying to get some suggestions from fellow attorneys. There are so many issues that come up just from your question, it would take pages to address them all. The first question is whether the Florida courts have personal jurisdiction over your husband to even entertain a petition like this. Your husband needs to contact an attorney in Florida to discuss the case and determine whether Florida has jurisdiction. Then allow that attorney to do what attorneys are trained to do which is to respond in a manner that most protects your husband's interests. Please take no offense, but if you try to do this for him, it WILL turn out very bad.

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