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To respond, you fill out and file forms with the court. You then have your response forms mailed or given to the other parent. Finally, you go to your court date.
How to respond to a request for custody and parenting time orders Fill out Responsive Declaration to Request for Order form. Responsive Declaration to Request for Order (form FL-320) Attach documents to support your case. Make copies of your forms. File your forms.
You must file a response called an Answer within 20 days after being served with legal papers and a summons. The Answers and supporting documents for the most common Family Division proceedings can be obtained on the Florida Courts website at .flcourts.gov.
Judges in Florida view parents as equals when they enter the court regarding a custody matter. If one parent alleges that he or she should have full custody of the children, that parent has the burden of proving why full custody is in the best interest of the children.
Typically, youll take your answer and counterclaim for child custody to the same court listed on the petition and summons. The court clerk will stamp all your forms with the date, time and possibly a file number. Most likely, youll have to pay a filing fee. If you cannot afford it, ask for a fee waiver.
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The most important element when seeking to win a custody modification is your ability to show its in the best interests of your child. For instance, if youre relocating, this could include proof of better schooling opportunities or a more stable and safe environment.
A Petition for Writ of Habeas Corpus is a lawsuit where the person with the court-ordered or legal right to possession of a child (realtor) asks the judge to sign an order that the relator has superior right to possession of a child to secure a childs return.
If you do not respond to these important legal documents within 30 days, you may be named the legal parent of a child and may be ordered to pay financial and/or medical support based on the Proposed Judgment.

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