How to Get Custody of Children in Florida
Florida, like other states, divides child custody into two kinds: the right to make decisions about the child--known as legal custody--and where the child lives, known as physical custody. Child custody orders for either or both types of custody can only be issued by a court, even if there's an agreement between the parents. When asking a Florida family court to award child custody, you must take the proper legal steps.
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Instructions
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Draft your petition for custody using online templates provided by Florida Courts as a guide (see Resources). You must ask the court to give you custody by filing a petition, commonly called a lawsuit. This must state specific information, such as your name, the name of your spouse and children and what you are asking the court to do, whether you're seeking sole custody, joint custody or proposing a parenting plan that provides for visitation.
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Get a uniform child custody jurisdiction and enforcement affidavit. You can download a copy of this form from the Florida Courts website (see Resources) or visit your county courthouse and ask the clerk for a copy. Fill out the custody affidavit, including the names of your children, their places of birth and residence for the last five years and related information. Check the Florida courts website information on circuit courts (see Resources) to find out which court has jurisdiction over your county.
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File the documents. Take your documents to the courthouse and deliver them to the civil court clerk's office. Include payment for the filing fee--call ahead as the fee varies depending on what circuit court you're filing with. The clerk will stamp the documents with an official record of the time received. You'll get a copy of the filed documents as well as a court and date and time for your first scheduled hearing.
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Attend the first hearing. The court will make child custody decisions only after it has held a hearing on the case. Typically, your first appearance will be a scheduling hearing to determine the next step. If an agreement cannot be reached between the parties, another hearing will be scheduled to determine what is in the best interests of the children, and the court will rule based on those considerations. This hearing is just like a trial, and you need to prepare for it using all relevant evidence, legal precedents and rules of civil procedure. Hire a family law attorney to assist you if you can afford one; if not, check with a social service agency such as Florida Legal Service, Inc. (see Resources) to see whether there are any attorneys who may take on your case for free.
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