Florida Paternity Counterpetition: Request Your Own Custody Terms (2026 Guide)

What Is a Paternity Counterpetition?

A counterpetition is a legal filing that allows you to make your own requests in a paternity case—rather than just responding to what the other parent asked for.

While an Answer simply admits or denies the petitioner's allegations, a counterpetition puts YOUR requests on the record:

• Your proposed parenting plan (per F.S. 61.13(2)(b))
• Your requested time-sharing schedule
• Your position on child support (per F.S. 61.30)
• Your requests for decision-making authority (parental responsibility under F.S. 61.13)

---

When Do You Need a Counterpetition?

File a Counterpetition When:

You want different custody than proposed:

• The petitioner wants sole custody, but you want shared
• You want more time-sharing than they're offering
• You disagree about who makes major decisions

You want different child support:

• You believe their income is higher than reported
• You want credit for expenses they didn't include
• You're disputing the proposed support amount

You want specific terms on record:

• You want 50/50 time-sharing
• You want to be the primary residential parent
• You want specific holiday schedules

Just File an Answer When:

• You generally agree with the proposed terms
• You're still negotiating and want flexibility
• You're disputing paternity (Answer with DNA request is sufficient)

---

What to Include in Your Counterpetition

1. Your Proposed Parenting Plan (F.S. 61.13(2)(b))

Under F.S. 61.13(2)(b), every case involving minor children requires a parenting plan. Be specific about:

Time-sharing schedule:

• Weekly rotation (which days/nights with each parent)
• Weekend arrangements
• Summer and school break schedules

Holiday schedule:

• Thanksgiving, Christmas, Easter, etc.
• Mother's Day / Father's Day
• Child's birthday
• How holidays rotate year to year

Decision-making:

• Medical decisions
• Educational decisions
• Religious upbringing
• Extracurricular activities

2. Your Child Support Position (F.S. 61.30)

Under F.S. 61.30, child support is calculated using both parents' incomes. Include:

• Your income information (F.S. 61.30(2))
• The other parent's income (to your knowledge)
• Requested support amount based on Florida guidelines
• Requests for health insurance contribution
• Requests for childcare cost sharing

3. Other Requests

You can also request:

• That the other parent pay your attorney's fees
• Specific provisions about communication
• Requirements for parenting app usage
• Restrictions on introducing significant others

---

Answer vs. Counterpetition: Key Differences

---

How Filing a Counterpetition Helps You

1. Creates Your Baseline

Without a counterpetition, the court only sees what the petitioner wants. Your counterpetition establishes YOUR starting position for negotiations.

2. Protects You at Trial

If your case goes to trial, having a counterpetition means the judge will consider both parents' specific requests—not just the petitioner's.

3. Strengthens Settlement Negotiations

When both parties have filed their positions, it's easier to negotiate toward a middle ground.

4. Prevents "We Never Discussed That"

Your counterpetition documents your requests. The other parent can't later claim you never asked for certain terms.

---

Filing Your Counterpetition: Step by Step

Step 1: Prepare Documents

You'll need:

• Counterpetition to Determine Paternity
• Your proposed Parenting Plan (detailed)
• UCCJEA Affidavit
• Cover sheet

Step 2: E-File with the Court

File through the Florida Courts E-Filing Portal in the same case as the original petition.

Step 3: Serve the Other Party

The petitioner must be served with your counterpetition (usually through their attorney if they have one, or by mail if they filed pro se).

---

Common Counterpetition Mistakes

1. Being Too Vague

Wrong: "I want reasonable visitation"

Right: "I want time-sharing every Wednesday overnight and alternating weekends Friday 6pm to Sunday 6pm"

2. Asking for More Than You Want

Some people think asking for sole custody gives them bargaining room. But unreasonable requests can hurt your credibility with the judge.

3. Forgetting the Details

Courts want specificity:

• What time do exchanges happen?
• Who picks up and drops off?
• Where do exchanges occur?
• How do parents communicate?

4. Not Filing It at All

Some people think "I'll just tell the judge what I want at the hearing." This is risky. Without a counterpetition, the judge may focus only on the petitioner's requests.

---

Can You Still Settle If You File a Counterpetition?

Absolutely. Filing a counterpetition doesn't mean you have to go to trial.

Most paternity cases settle regardless of what's filed. The counterpetition simply:

• Documents your position
• Gives you a fallback if negotiations fail
• Shows you're serious about your requests

You can modify or withdraw your counterpetition terms during settlement negotiations.

---

Counterpetition Timeline

---

Get Your Counterpetition Filed Right

At Divorce.law:

• $495 flat fee for complete Counterpetition package
• Includes your parenting plan requests
• 24-48 hour turnaround
• E-filed with the court

Put your custody and support requests on record.