Legal Question in Family Law in Florida

I have been served divorce/child custody papers and have 20 days to answer. What do i have to do now?


Asked on 1/22/13, 8:12 pm

4 Answers from Attorneys

Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

You need to write a response to the Petition. You should recreate the caption (the top of the pleading) printing the same name of the court, the case number and the parties names, then title your response as an Answer. Then you should respond to each statement in the petition as to if you admit the allegation, agreeing that the statement is true, or that you deny the allegation or disagree that the allegation is true (such as defendant admits that allegation in paragraph one is true and admits the allegation).

You may not know if paragraph or allegation is true or not and you can respond that you don't have sufficient knowledge to admit or deny the allegation and therefore required strict proof.

Then you need to sign the response and give your name, address and telephone number and then you need to file the response with the clerk of the court and mail a copy of the same response to whomevers name is on the summon (the opposing party or there legal counsel), you keep a copy for yourself as well.

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Answered on 1/22/13, 9:01 pm
John Smitten Carey and Leisure

You have to respond and put your issues you want resolved before the court. Contact My Office for free consultation 727-446-7659.

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Answered on 1/23/13, 4:01 am
Lucreita Becude Lucreita D. Becude, P.A.

Although I agree with Ms. Bates-Buchanan, you can also file a counterpetition at the time you respond. I suggest you contact an attorney to file this document properly - there are no do overs and you could have an opportunity to challenge and will lose your defenses if you do not. If I can be of assistance please contact my office for an appointment. 904-997-1031

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Answered on 1/23/13, 5:01 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

You mentioned "custody." As such, children are involved.

Because of the fact that there are children, I would not suggest that you respond on your own without first having an in-person consultation with an attorney who can review the Petition and provide you with information as to how to respond, whether you need to also file a counter petition (where you list what you want and why) and the possible issues which may arise in your case and resolution of those issues.

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Answered on 1/23/13, 8:53 am


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