File An Amended Petition? Is There A Form?

[Havyn]

Filed petition to modify parenting plan/time sharing in FL which one of my requests for relief pertained to not being employed.  

I have since secured a PART TIME , temporary contract and will be paid as a 1099 employee.

I want to know how I would notify the court and the other party.  Do I need to file an amended petition or a notice of change?   The defendant has not filed a response to the petition but has filed a motion to dismiss based on a technicality that was already remedied.  The defendant does know of this employment contract.

When do I file this?  Before the motion to dismiss petition is heard or after it?  

[Kirklin]

Hi Kelly, since the opposing party has filed a responsive pleading to your Petition(i.e. their Motion to Dismiss) you must file a request with the court for leave to amend your petition(i.e. Motion for Leave to Amend) and within that Motion explain why the Amendment is sought and attach a copy of the proposed Amended Petition. After filing the Motion for Leave to Amend contact the opposing party and inquire if they will agree to allow you to amend your Petition and if not call the Court's Judicial Assistance and schedule a hearing on your Motion.  

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401