How to File for Child Custody in Florida
The Uniformed Child Custody Jurisdiction and Enforcement Act (UCCJEA) of 1990 is the legislation that is used to provide the codes and statutes that apply to child custody cases. All fifty states have adopted this act into their statutes and codes of their municipalities as the guideline that courts within each state must adhere to when making child custody determinations. Florida has adopted this act into the Florida Statues under Chapter 61 Part 2 Sections 61.501-61.542. While it is never a bad idea to consult with an attorney when dealing in situations that tend to be sensitive and emotionally charged, it is not necessary to obtain a lawyer to represent you in custody cases. The court can only make a determination in custody disputes if there is a divorce or child support case to be heard by the court. There are some important steps to follow when seeking to file for child custody in Florida.
Other People Are Reading
Things You'll Need
- Petition to Determine Paternity
- Child Support Guideline Worksheet
- Parenting Plan
- UCCJEA Affidavit
- Notice of Social Security Number
- Financial law affidavit
- Certificate of Compliance
Instructions
-
-
1
Seek out an attorney that specializes in family law if you have any reservations or any questions about how to proceed. You do not have to employ the attorney to prepare documents or even to represent you in court. Many attorneys will sit down and consult with you, and offer you advice and inform you of the way they might proceed in your particular case. If you feel confident enough to take on the challenge for yourself you will need to collect the proper data.
-
2
Build your case. The state of Florida determines custody cases based on the "best interest of the child". The main objective when entering into a custody dispute to be heard before the court, is to paint a picture of why you are the best parent to be awarded custody. This does not mean "tearing down" the other parent and making them to appear unfit, but rather showing how you present the most stable environment for the child. The court will more than likely offer some type of custody rights to the other parent unless the other parent has a history of physical, sexual, alcohol/drug abuse, or any other circumstance that would deem that parent unfit to be awarded custody rights.
-
-
3
Find out if you truly want to pursue the issue in court or via a third party mediation group or agency. As opposed to involving courts, attorneys or the judge who is to determine where your child will ultimately reside, you may opt to work with an alternative out of court mediation service that will assist in working with both parents to establish a shared parenting plan. This service is often available free of charge. If you feel that it is necessary to continue with presenting your case to the court you will need the proper forms to do so.
-
4
Visit the county clerk, and inquire about filing for child custody. The clerk will assist you and inform you if the information that is needed to file for custody. In the state of Florida there are a variety of mandatory and suggested documents and affidavits to file in custody cases. These documents include: Petition to Determine Paternity and for Related Relief (form 12.983(a)), Child Support Guideline Worksheet, Parenting Plan, Uniformed Child Custody Jurisdiction and Enforcement Act Affidavit. Other documents that should accompany this filing are: Notice of Social Security Number, Financial Law Affidavit, and the Certificate of Compliance with Mandatory Disclosure. Be sure to address any questions about the applicability of these documents to your particular case.
-
5
Fill out all affidavits and associated forms and file with the Clerk of Court. Make sure to inquire about the procedures of notifying the other parent, and any other issues that you may have relating to the filing of your documents. Never leave the office with unanswered questions, because this is a mistake that can cost you in the end.
-
1
Tips & Warnings
Do your homework on past outcomes, and talk to friends and family that have gone through custody disputes to compare notes.
Leave the emotion out of the courtroom. The court is rarely sympathetic to emotion in the court, and would rather hear the facts clearly as they stand.
References
Resources
- Photo Credit Father and Son image by Diane Stamatelatos from Fotolia.com
