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FORMER HUSBAND’S VERIFIED SUPPLEMENTAL PETITION TO MODIFY PARENTAL RESPONSIBILITY, TIME-SHARING OR PARENTING PLAN/TIME-SHARING SCHEDULE AND OTHER RELIEF

FORMER HUSBAND’S VERIFIED SUPPLEMENTAL PETITION TO MODIFY PARENTAL RESPONSIBILITY, TIME-SHARING OR PARENTING PLAN/TIME-SHARING SCHEDULE AND OTHER RELIEF

This is the petition to modify parental responsibility mainly tending to the child’s diagnosis of ADHD. The modifications include adjustments in time spent between the parents, child support, and an annual dependency exemption that is granted to the father.

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

 

In Re: The Matter of                                                            Case Number:

JANE DOE

 

Petitioner/Former Wife,

and

 

JOHN DOE

 

Respondent/Former Husband.

______________________________/

FORMER HUSBAND’S VERIFIED SUPPLEMENTAL PETITION TO MODIFY PARENTAL RESPONSIBILITY, TIME-SHARING OR PARENTING PLAN/TIME-SHARING SCHEDULE AND OTHER RELIEF

The Respondent/Former Husband, JOHN DOE, by and through undersigned counsel, files this his Verified Supplemental Petition to Modify Parental Responsibility, Time-sharing or Parenting Plan/Time Sharing Schedule and For Other Relief, and states as follows:

COUNT l

PETITION TO MODIFY PARENTAL RESPONSIBILITY AND PETITION FOR MODIFICATION OF TIMESHARING/PARENTING PLAN

  1. The parties to this action were granted a Final Judgment of Dissolution of Marriage.  A copy of the Final Judgment of Dissolution of Marriage, Marital Settlement Agreement and Parenting Plan entered on XXXX, 20__ is attached hereto.  There was one child born, ATD, born on xx/xx/20__.
  1. Pursuant to the parties Marital Settlement Agreement and Parenting Plan the Mother was to have Monday through Friday and the Father was to have every other Saturday and Sunday overnight.  The parties shared 50/50 both winter and spring break and alternated holidays.  The Father was to have two (2) weeks during the summer break.
  2. Since the Final Judgment of Dissolution of Marriage was entered by the Court there has been a substantial, material and unanticipated change in circumstances, requiring a modification of the parental responsibility, child support, and timesharing as follows:

The minor child, age XX, has been residing exclusively with his Father and his fiancé full-time since XXXX 20__.   The child has been diagnosed with ADD with the Father’s help and intervention and is thriving in the Father’s care.  The Mother is unable to care for the child except for short periods of time.  The Mother does not take care of the child’s day-to-day needs.

  1. The Father requests that the Court modify the parental responsibility, and timesharing and parenting plan as follows:
  2. Award the Father majority timesharing as is the status quo and have the child continue to reside with the Father. The Mother should have the child every other weekend and some of the holidays as same would be in the child’s best interests.
  3. The Father requests that he be able to select the child’s school and have sole parental responsibility and/or ultimate decision-making as shared parental responsibility is detrimental to the child.
  4. This modification is in the best interests of the child because: The Mother is unable to care for the child on a daily basis. The Mother has told the Father “You need to raise your child.  I told you before we got divorced that if we split you would raise XXXX”.
  5. The Mother has no time for the child and neglected the child’s ADD and didn’t have him tested although he was not doing well in school and was having problems.
  6. The Father took it upon himself to have the child tested for learning disabilities and/or ADD and the child is now under a Doctor’s care and thriving and successful in school as a result in the Father’s involvement.
  7. The Father is waiting for the school to do an IEP Plan and he is requesting that the child’s school be changed to American Heritage Academy as it is better able to provide services for children diagnosed with ADD.
  8. The Father resides with his fiancé in a beautiful home where the child has his own room.  The child is forced to sleep in the living room in his Mother’s home.
  9. The Father requests that child support be modified, consistent with the modification of the Parenting Plan/Time-Sharing schedule.
  10. If necessary, a Child Support Guidelines Worksheet will be filed.
  11. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) will be filed.
  12. A complete Uniform Child Custody Jurisdiction and Enforcement Act will be filed.
  13. The Father requests that he be awarded the dependency exemption annually for the minor child.

COUNT ll

PETITION FOR MODIFICATION OF CHILD SUPPORT

  1. The Father re-alleges and incorporates paragraphs 1 through 10 Count 1 as if more fully set forth herein.
  2. Pursuant to the parties Marital Settlement Agreement the Father agreed to pay child support pursuant to the child support guidelines in the amount of $12.00 per month.
  3. Since the last court order there has been a substantial, permanent, unanticipated change in circumstances warranting a modification of child support as follows:
  4. The minor child has been residing with the Father full-time since XXXX 20__.
  5. The child has been diagnosed with ADD and is thriving in the care of the Father.
  6. The Mother does not take care of the child’s needs.
  7. Child support should be recalculated utilizing the timesharing schedule that the parties currently are utilizing and taking into consideration the parties incomes.  Said modification should be retro-active to XXXX, 20__, the date the child began residing with the Father.

COUNT lll

MEDICAL INSURANCE AND CHILD’S DEPENDENCY EXEMPTION

  1. The Father re-alleges and incorporates paragraphs 1 through 10
  2. Count 1, paragraphs 11 through 13, Count ll as if more fully set forth herein.
  3. The Mother currently has the child insurance through Florida Healthy Kids.
  4. The Father requests for the Mother to continue to provide medical insurance for the minor child.
  5. The Father requests that he be entitled to claim the child’s dependency exemption yearly.

COUNT lV

LIFE INSURANCE

  1. The Father re-alleges and incorporates paragraphs 1 through 10 Count 1, paragraphs 11 through 13, Count ll, paragraphs 12 through 14, Count lll as if more fully set forth herein.
  2. The Father requests that the Mother obtain term life insurance and designate the child as beneficiary to secure her child support obligations.

Under penalties of perjury I declare that I have read the foregoing petition and that the facts stated in it are true to the best of my knowledge and belief.

______________________
JOHN DOE

 

STATE OF FLORIDA )

COUNTY OF BROWARD )

 

BEFORE ME, the undersigned authority, personally appeared JOHN DOE  who is known to me or who produced a Florida Driver’s License 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 his personal knowledge and that he executed this document this ___ day of April  20__.

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

 

_____________________
NOTARY PUBLIC

 

CERTIFICATE OF SERVICE

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

SCHOTT & TOLCHINSKY, P.A.

Attorneys for Former Husband

BY:________________________________
LAWRENCE 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.