Legal Question in Family Law in Florida

Amended answer and counter claim.

I was served a summons by the state of Florida for paternity and did not respond in time. Rather than default judgment, they scheduled for a hearing. I would like to still answer this and do normal discovery for evidence at the hearing as I would like shared custody of my son at the very least. The papers say the state can only address specific issues and does not represent the mother. Is liberal visitation, summer breaks, or custody issues brought into this hearing?

What can I, do I, file to respond and assert my rights at this hearing?


Asked on 6/15/09, 8:08 am

1 Answer from Attorneys
Mark Hanks Attorney Hanks, P.A.

Re: Amended answer and counter claim.

If you are contesting your paternity, the alleged child care costs,or your ability to pay the costs of the lawsuit, you need to file an answer immediately, and file an answer to the DOR's request for admissions, that likely was filed with the original pleading. In that answer to the request for admissions, you need to request for more time to answer, since your 30 days will have expired.

On the timesharing (the old custody and visitation) and parenting plan, those issues can't be dealt with in a DOR support case anyway, so it would not have mattered if you hadn't requested that. You need to file your own timesharing/parenting plan lawsuit, in the county in which the child now resides.

Mark Hanks

Attorney Hanks, PA

St. Petersburg, FL

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Answered on 6/15/09, 10:43 am


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