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FATHER’S VERIFIED PETITION FOR MODIFICATION OF TIMESHARING AND CHILD SUPPORT AND OTHER RELIEF AND PETITION FOR ENFORCEMENT AND CONTEMPT

FATHER’S VERIFIED PETITION FOR MODIFICATION OF TIMESHARING AND CHILD SUPPORT AND OTHER RELIEF AND PETITION FOR ENFORCEMENT AND CONTEMPT

This is an example document of the Father petitioning for why he feels the Mother has voided the timesharing plan, and his justification against her allegations.

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

 

In Re: The Matter of                                                            Case Number:

Section XX

KING JACK,

 

Petitioner/Father,

and

 

JAMIE CROWN

and

JOHN SHMIT,

 

Respondent/Mother.

____________________________________/

FATHER’S VERIFIED PETITION FOR MODIFICATION OF TIMESHARING AND CHILD SUPPORT AND OTHER RELIEF AND PETITION FOR ENFORCEMENT AND CONTEMPT;

The Petitioner/Father, KING JACK, on his own verification and through his undersigned counsel, hereby files his Verified Modification of Timesharing and Child Support and Other Relief and Petition for Enforcement and Contempt; Petition for and as grounds therefore states the following:

COUNT I

PETITION FOR MODIFICATION OF TIMESHARING AND CHILD SUPPORT

  1. This Court has continuing jurisdiction to entertain a Petition for Enforcement and Contempt pursuant to Florida Statutes.
  2. A Final Judgment of Paternity was entered on XXXX XX, 20__. Said Final Judgment is attached hereto as Exhibit “A”.  In addition, the Final Judgment incorporated the parties’ Paternity Settlement Agreement entered on XXXXX XX, 20__ attached hereto as Exhibit “B”.
  3. Pursuant to the Final Judgment the Father was awarded very little timesharing as the Mother filled out the Parenting Plan and gave it to the Court (without showing it to the Father)and same was ratified. The Father didn’t even know what was happening.  The Father was Pro Se.
  4. Since the entry of the Final Judgment of Paternity there has been a substantial and permanent unanticipated change of circumstances, warranting a modification of the timesharing and increase in child support to wit:
  5. The child is older now than at the time of the Final Judgment and needs his Father more for his development.
  6. The Father was not awarded any holidays or summer timesharing or even Father’s Day in the Final Judgment and Parenting Plan, as the Mother just presented her plan to the Court.
  7. It is in the child’s best interests for additional timesharing to occur between the Father and the child.
  8. The Mother has been interfering and denying the Father his timesharing for no good reason. The Father is a hands-on, devoted Father who wants to be involved in the child’s daily life and upbringing.
  9. The Father and his girlfriend provide a lovely stable home for the child to spend time in and it is in the child’s best interests for the Father’s timesharing to be modified and increased as the child loves to spend time with his Father and his Girlfriend.
  10. Since the entry of the Final Judgment the Mother has been interfering with the Father’s timesharing and alienating the child from the Father.
  11. The Father’s child support should be recalculated to reflect his new timesharing schedule.

COUNT ll

PETITION FOR ENFORCEMENT OF TIMESHARING AND FOR CONTEMPT

  1. The Father realleges Paragraphs 1 through 5 as if fully set forth herein.
  2. Pursuant to the Final Judgment of Paternity and Paternity Settlement Agreement, the Father was awarded timesharing with the parties minor child. The Mother interferes with the Father’s timesharing for no apparent reason and refuses to follow the schedule.
  3. Attached are text messages reflecting the Mother’s alienation and interference with Father’s timesharing.
  4. A Report of the General Magistrate was entered on February 10, 2016 (copy attached hereto as Exhibit “C”) and Order on Report of General Magistrate (copy attached hereto as Exhibit “D”) confirming the Father’s timesharing and yet the Mother refuses to abide by the Court’s Order and parties’ agreement.
  5. The Father is supposed to have alternating weekends from Friday to Monday pursuant to the Final Judgment of Paternity and Paternity Settlement Agreement, but for some reason the Report of the General Magistrate inaccurately only enforced Father’s timesharing alternating weekends from Friday to Sunday. This is inaccurate and needs to be enforced.
  6. The Mother is in contempt of Court for failing to comply with the terms of the Final Judgment of Paternity and Paternity Settlement Agreement and the Father has had to incur needless attorney’s fees as a result of the Mother’s conduct. The Father would request that the Court award his attorney’s fees for the bringing of this Motion.

WHEREFORE, the Father requests the Court grant the relief requested herein.

The Father verifies that all of the foregoing information is true and correct to the best of her personal knowledge.

___________________________

KING JACK

 

STATE OF FLORIDA         )

)§:

COUNTY OF BROWARD  )

 

BEFORE ME, the undersigned authority, personally appeared KING JACK, known to me or who produced __________________ as  identification, under penalties of perjury and having been sworn under oath, verifies that the above contents and information is true and correct to the best of her personal knowledge and that she executed this document this _____ day of ___________________, 20__.

WITNESS my hand and seal in the State and County aforesaid this ______ day of _______________________,20__.

______________________________

NOTARY PUBLIC

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided to:  Jamie Crown, Mother, by personal service.

LAW OFFICES OF LARRY D. SCHOTT

Attorney for Father

 

By:______________________________

LARRY D. SCHOTT

 

 

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This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon for any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.

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