A client recently asked the following question: My husband’s Answer to my Petition for Dissolution of Marriage denied that I should be awarded the majority of timesharing with our children. Then his Counter-Petition asked that he be awarded the majority of timesharing. Does this mean that the Judge will award the majority of timesharing to him? This is a common question.
The Petition and Counter-Petition establish what the parties would like the court to rule. The general rule is that if you do not ask for something in the Petition (or Counter-Petition if you are the Respondent), then it cannot be awarded. Therefore, parties will typically ask the Court to award the absolute best case scenario. The same information holds true regarding timesharing in a Paternity matter. It does not necessarily mean that either party will be awarded what they have asked.
Both Divorce and Paternity involve complicated legal issues that are unfamiliar to most families. Having legal counsel to answer questions can help to ease your mind as you proceed through the process. If you are looking for experienced legal representation, contact Family Law of Orlando to schedule an initial consultation with Attorney Wade P. Luther. Contact us by email or by calling (407) 835-9900.