Legal Forms for Custody and Visitation Changes in Florida

Florida encourages both parents to take an active role in raising their child.

In 2008, Florida passed new legislation to revamp its custody laws. The state no longer recognizes a primary residential parent with visitation awarded to the other parent. In a progressive move, the legislature voted that both parents should participate equally in raising their child. The state now requires parents to file a parenting plan detailing every aspect of how they will approach parenting when they no longer live together. The state will not issue an order divorcing them or addressing custody issues until a parenting plan is completed.

Parenting Plan

Florida prefers that parents devise a parenting plan by agreement, without forcing the court to rule on such an emotional matter. If you and your child's other parent agree that the terms of your old parenting plan should be changed or of your custody order, if it was issued prior to 2008, then all you have to do is write a new parenting plan incorporating the changes and submit it to the court. Unless it is totally unreasonable, a judge will usually approve it. You can access a parenting plan form from the Florida State Courts Self-Help website (flcourts.org). Click on your preferred file format (RTF or PDF) of the appropriate parenting plan of form 12.995 for your situation.

Supplemental Petition to Modify Parenting Plan

If you and your child's other parent don't agree that a change is warranted, you'll have to ask the court to decide the issue for you. File a "Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan/Time-Sharing Schedule and Other Relief." This is form 12.905(a) on the Florida Courts website (see Resources). When you fill it out, attach a copy of your existing parenting plan or custody order. Explain why it no longer works. You have to prove what the court calls a "change of circumstances" to get the order changed. Something significant must have happened, such as if your child's other parent has developed a drinking or drug habit, if someone new is living in the other parent's home along with your child who might harm your child or be a bad influence on him, or if the other parent has moved to a smaller dwelling that can't adequately accommodate your child.

Motion for Default

After you file your petition to change your custody arrangement, your child's other parent has 20 days to respond to your request in writing and to file her response with the court. If she doesn't do this, you can submit a motion for default with the court, using form 12.922(a) on the state's website. Then call the court and ask for a date for a final hearing when a judge will most likely make the changes you've asked for.

Notice of Hearing

After you've scheduled a default hearing, even though your child's other parent didn't respond to your petition, you must still give him notice of the hearing date. A notice of hearing is also available on the state's website (form 12.923).

Notice for Trial

If your child's other parent doesn't default, but instead answers your petition and tells the court that he is opposing the changes you want, then you have to ask for a trial. The notice of trial is form 12.924 on the state's website. Depending on what county you live in, the court might order you and your child's other parent to attend mediation to try to work out your differences before the court will decide the matter for you.

References

• FLDivorceOnline.com; Modification of Custody or Visitation in a Florida Divorce; Richard Granat; 2011
• FindLaw; Florida Parenting Plans and Custody Modifications; Tamara K. Holden; July 2009

Resources

• Florida State Courts: Florida State Courts Self-Help --- Family Forms -- Form 12.905(a)