Skip to main content

If defendant doesn't agree with summons do they have to file a counter petition or can they just file their own parenting plan?

Hudson, FL |

the petitioner filed his parenting plan and the defendant doesnt agree to it do they have to file their counter patition to the plan or like in the question can they just reply to the summons and just file a parenting plan that's exactly opposite of the petitioner's?

+ Read More

Attorney answers 4


I think there is a bit of confusion as to which document is which -- the summons is the service document and does not require a response. There should be a petition and an answer needs to be filed to that particular petition. The respondent can file a counter petition as well.

I would recommend you consult with a local family law attorney to discuss your case and your rights.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.


You do not have to file a proposed parenting plan. If the parties do not agree, the court will create the parenting plan. If you received a summons, that is the document that advises you that a lawsuit has been filed and that you must respond within the time allotted to do so. You should consult an attorney in order to determine if you should file a counterpetition or not. Good luck.

Tami L. Augen Rhodes

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.


As pointed out, the "summons" is just the formal notice advising you of the time in which to file and that there are mandatory financial disclosures which must be made. An answer is usually directed to the Petition or if there has already been a Final Judgment the "Supplemental Petition" seeking to modify the Final Judgment. In both cases you MUST file an answer with the Clerk of Court, sending a copy to the other party or his/her attorney. If you want the Court to award you a result different than that proposed or suggested by the Petition, you may also need to for a "Counter Petition." As always I recommend you consult with a local attorney.


You have to officially respond to the petition and put what you want before the court.



yes i understand that. but when the defendant responds to the summons and they don't agree to the summons do they have to file a counter petition? or can they just file a normal parenting plan? and say they don't agree?