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When petitioning to modify time sharing schedule/custody can I serve her with Interrogatories?

Orlando, FL |

I want to change the time sharing to get more time with my children, They both have professed to wishes to spend more time with me and I agree.I think ther eare alot of issues to show the ocurt why itys a good reason and best interets of teh children. So can i serve her with Interrogatories or ar ethey only used in divorces?

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Attorney answers 4


There is a standard set of interrogatories that you must use unless you get court permission to use your own (and there are strict requiremenst and rules you must follow if you use your own). The standard set is in form 12.930(c), and you can find the form at Incidentally, you should talk to a lawyer before you do this. The standard to change timeshare orders and agreements is very, very high, and the opinions of the children are largely irrelevant. If you file and do not meet the standards, you could end up paying the costs and attorneneys' fees of the pther parent.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


The interrogatories are primarily for financial purposes. You would do better to send out requests for admission and narrow the issues. Doing your own custody battle is like having a butcher perform brain surgery. You need an attorney on your side.


The worst thing you can do in these kinds of cases is to "go it alone.". If you are unrepresented, you will find that the judge's job becomes harder, and your situation becomes more difficult for you. While the writer interrogatories, requests to produce and to admit are useful, a deposition will probably give you more of what you are looking for. These cases are difficult and having an attorney who has done this before and knows the judges is a big advantage. Call me at 407-426-5757 to set up a free consultation, if you would like. I would be glad to discuss these issues in more detail.

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I agree with the other attorneys' answers. Even if you decide to proceed on your own using the Florida Supreme Court approved forms to try to modify your judgment, you may want to at least have a consultation with a lawyer of your choice before you proceed to have an idea of the type of process you will be getting into.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Suite A
Orlando, Fla. 32804
Ph.: (407) 649-1404

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