| The best method for anyone seeking a court ruling on | | | | If there is already a custody order from the court, then |
| child custody is to fill out all of the necessary forms as | | | | a petitioner will have to file a motion to amend the |
| accurately and completely as possible and work out | | | | custody order. |
| as many of the details as possible before attending a | | | | 3. File the approved forms with the clerk of the circuit |
| court hearing. | | | | court. Before filing, all forms need to be filled out in |
| In all custody determinations, throughout Florida statutes | | | | black ink or typed and notarized. When filing, the |
| is stated that the court will determine child custody | | | | county circuit court will charge a filing fee for each |
| based solely on the best interests of the child. | | | | document. If the filing fee cannot be met, an Application |
| Therefore anyone seeking to gain custody of a child | | | | for Determination of Civil Indigent Status can be filed |
| needs to analyze what is in the best interests for the | | | | and the clerk will determine whether the filer is eligible |
| child in order for the case to be successful. | | | | to have the filing fees waived. |
| The following steps are designed to help anyone | | | | 4. Once the petition is filed along with all of the |
| seeking custody of a child in Florida. They are not all | | | | supporting paperwork, the other parent has the |
| inclusive and there may be variations based on unique | | | | opportunity to agree with the original documents or file |
| individual situations. | | | | an answer to contest the paperwork. At this point, it is |
| 1. Obtain the correct child custody forms. The forms | | | | best to attempt to compromise and work out all |
| can be obtained through online databases, | | | | custody issues prior to going to a hearing or trial. |
| document-preparing agencies, attorneys, legal aid, or by | | | | Normally, if a decision can be reached between the |
| contacting the county circuit court in which the custody | | | | couple and it appears that the agreement is in the best |
| will take place. | | | | interest of the child, then the court will abide by the |
| 2. Fill out the proper forms. Since there are a variety of | | | | agreement. |
| reasons to file for child custody in Florida, there are | | | | 5. The final step is to go to a hearing or trial. If both |
| particular forms that need to be filled out and filed in | | | | involved parties could not reach a compromise then all |
| order for the case to proceed successfully.a). The | | | | custody decisions fall to the court. The judge will listen |
| most common occurrence for a child custody battle is | | | | to both sides and determine which party is in the child's |
| due to divorce. In a divorce, many forms need to be | | | | best interest to gain custody. At the close of the case, |
| filled out, and part of those forms in Florida is a petition | | | | the judge will issue an order on all custody and child |
| for dissolution of marriage and a Parenting Plan. These | | | | support, and both parents must abide by the judgment. |
| in conjunction with several other documents will make | | | | Best Interests of the Child |
| the basis for the court's decision on child custody. A | | | | How does Florida custody law determine the best |
| parenting course is also required by Florida law in a | | | | interest of the child? The decision is up to the court, but |
| divorce situation to help parents learn about the | | | | section 61.13(3) contains a list of considerations that |
| aspects of being a single parent. Parenting courses | | | | become part of the custody decision. First, the court |
| teach that children need to have the benefit of having | | | | will favor the parent that will allow and encourage a |
| two parents involved in their lives. Florida laws seek to | | | | continuing parent-child relationship with the other parent. |
| manage this idea by attempting to include both parents | | | | This includes honoring the time-share schedule and |
| as much as possible. In fact, Florida law prohibits one | | | | being reasonable to any changes that may occur. |
| parent from keeping the other parent away from their | | | | Next, the court will seek to find which parent is more |
| child completely.b). The next most common issue is for | | | | likely to put the needs of the child before their own. |
| one of the parents to file a petition for paternity. The | | | | Stability and the length of time the child has lived in a |
| Petition to Determine Paternity and for Related Relief, | | | | particular environment will also play a role in the |
| Form 12.983(a), is filed with the court to establish legal | | | | decision. A child's life does not need to be severely |
| paternity. In the mother's case, this document acts as | | | | interrupted because the parents decide to be apart. |
| ability to seek support from the father. In the father's | | | | The Parenting Plan will be evaluated to ensure it is |
| case, this petition acts as a way to establish legal | | | | complete and supports schooling of children in public |
| paternity and a time-sharing schedule. In addition to this | | | | school. Interrupting school time is not considered an |
| form, a Child Support Guideline Worksheet, a Parenting | | | | option, so the best results will minimize any impact to a |
| Plan, and a Uniform Child Custody Jurisdiction and | | | | child's schooling. |
| Enforcement Act (UCCJEA) Affidavit must be | | | | In most cases a home study and/or a character study |
| submitted. Other forms include a notice of social | | | | will be conducted to determine with parent is more |
| security number, a financial law affidavit, and a | | | | mentally and physically healthy to be a primary |
| certificate of compliance with mandatory disclosure. | | | | guardian. Other factors include moral fitness of both |
| After all of these forms have been filed, if paternity is | | | | parents, how parental responsibilities will be separated, |
| in dispute from either party then a scientific paternity | | | | how involved the parents will be in the child's social and |
| test can be ordered to establish DNA results.c). The | | | | non-social life, and which parent will provide the most |
| third issue surrounding child custody is when a family | | | | stable routine. |
| member seeks to gain temporary custody of a child. | | | | Additionally, if the child is old enough to consult, they will |
| Without parental consent, this petition must outline that | | | | be asked which parent they prefer to live with. Finally, |
| the parents have abused, abandoned, or neglected the | | | | background checks will be done on both parents to |
| child or children.d). Another situation that arises outside | | | | determine if any documents or information has been |
| of the scope of divorce is separations. Many couples | | | | falsified or if either parent has a negative background. |
| will separate without filing for dissolution of marriage. | | | | The recommended approach to a Florida child custody |
| This separation can leave the parent caring for children | | | | case is to hire an attorney, seek legal aid help, or get |
| in a financial bind. For this reason, a Petition For Support | | | | the help of a document-preparing agency when filling |
| Unconnected With Dissolution of Marriage With | | | | out all of the correct forms. As mentioned above, |
| Dependent Or Minor Child(ren), Form 12.904(a), was | | | | accurate and in-depth data will aid the custody case |
| created. The purpose of this petition and its supporting | | | | and make it easier for all parties to complete the case |
| documents is to ask the court to order child support | | | | with the best results possible. |
| and spousal support while the separation is in effect.e). | | | | |