No matter what lies ahead, take advantage of on-call technology to be well prepared. Prepare a parenting plan. The parenting plan must identify both parents, identify the child or children who are the subject of the plan, indicate whether both parents agree to the plan, indicate a preference for sole or joint custody with respect to decision-making powers over various aspects of the child`s life, and describe preferred access arrangements. It must be signed by both parents in the presence of a notary. If one of the parents refuses to sign, the court has the right to determine the issues dealt with in the parenting plan according to the best interests of the child. Even if both parents sign it, the court may refuse recognition if it is not in the best interests of the child. Maybe. If you came to Florida with your child because you, the child, or one of their siblings are subjected to or threatened with abuse or abuse, you can apply to a Florida court for interim custody.1 If there is already a custody order issued by another state or custody proceedings are pending in another state, any preliminary custody order issued by the Florida court would be valid for the period of: for which the judge believes you would return to the original court to try to modify (change) the original order.2 We use these terms interchangeably here because most of us (normal people) still call it custody and visitation. We will continue to use the terms guard and visit until you and our customers decide to stop using them. If you are not married, you can file an application for a paternity determination. The court orders DNA testing, enters into a parenting plan that addresses parental responsibility and creates a timeshare agreement, and awards child support. This can be done in the district court of the district where the child lives. However, there may be pros and cons to establishing legal paternity – you can talk to a lawyer about the pros and cons of filing to establish paternity or seek custody before filing.

If you hire a lawyer, they will prepare and file family court forms for you. If you are representing yourself, follow these steps. As a general rule, you must file a declaration in the child`s “state of origin”. “State of origin” means the State in which the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of custody proceedings. If your child is less than six months old, the state of origin is the state where the child has lived since birth. This means that if you and your child recently moved to Florida, you usually won`t be able to apply for custody in Florida until you and your child have lived here for at least six months. Until then, Florida courts do not have jurisdiction (authority) to make a custody decision. During the first 6 months you live with the child in Florida, you or the other parent can initiate custody proceedings in the state where your child last lived for at least six months.1 However, if a case is filed in the former state where you lived, you will likely need permission from the judge in that state. to move to Florida with the child.

which can be difficult to obtain. Custody forms: Florida has a number of forms that deal with child custody in Florida. If you don`t follow the right steps, your petition may be rejected before it`s even read. Therefore, take a look at the steps you need to take if you want to get full custody of your child in Florida. However, there are exceptions to this “State of origin rule” described above. In some cases, you can apply for custody in Florida if the child and at least one parent have “significant connections” to Florida (other than being physically in the state) and significant evidence of the child`s care, protection, upbringing, and personal relationships is available in Florida. Generally, however, you can only do this if no other state is considered your home state or if the home state has agreed to give Florida jurisdiction.2 This can be complicated. If you think this applies to your situation, please consult a lawyer.

Visit our FL Find a Lawyer page. If the other parent does not respond or requests an extension before the deadline, you can file a defect request. If the judge approves your application, the case will continue without the involvement of the other parent. Self-represented litigants may choose to file an application through the Florida Courts e-filing portal. If you choose this option, most of your court communications and documents will be done electronically. (Check the e-filing rules and note that forms that require notarized signatures must be scanned.) Again, the reaction of the other party will determine what happens next. If the other party does not dispute the claim, or if the other party agrees that you deserve full custody, the proceedings should proceed relatively quickly. If the other party contests the claim, the case can be brought before the courts. Your case officially begins when you file the first application with your local district court.

The parent opening the case is called the applicant, while the other parent is the defendant. Both are called litigants. Then fill out the forms below that apply to you. You do not need a lawyer to apply for custody (sole or shared parental responsibility). However, with the help of a lawyer, it may be easier for you to gather and present the information you need to convince the judge of your position on what the parenting plan and timeshare schedule should be. Even if the other parent has a lawyer, it will be more difficult for you to present your case. For free legal advice and recommendations, visit our FL Find a Lawyer page. The definition of “extended family member” is a third-degree relative by blood or marriage to the parent. Florida state courts have released a number of forms that can be used by pro-se parties to ask courts to grant temporary custody of minors by extended family members. You can find these forms on the Florida State Court website under the heading Temporary Concurrent Custody.

You can submit your response electronically or send it in person to the desk of the case officer. You must also provide copies of your response to the other parent (instructions in step 3). The Florida State Courts System Self-Help Center is your online guide to guide you through the court system. The role of PSC staff is to direct interested individuals to the self-help website, where they can explore the resources they need to represent themselves, access the courts and other important resources. Self-employed employees cannot give legal interpretations or advice. The self-help website contains family law forms approved by the Florida Supreme Court. Additional resources include a directory of local support centres, web links to free and low-cost legal aid, mediator search capabilities, and guardianship resources. Then you need to fill out the right documents. If you are still married, complete an application to dissolve the marriage with dependent or minor children. Although the name is long, it basically means that you are filing for divorce and minor children are involved. Therefore, the determination of custody will be part of the divorce settlement.

If you and the other parent live in different locations, you must submit the documents in one of the two counties where you live.