Florida Joint Custody and Visitation Forms
by Vernon from Pompano Beach, Florida, Broward County
My son took a Paternity DNA test that was confirmed positive as him being the child's father.
However he's having problems with the infant mother giving him visitation other than coming to her place of residence.
What forms will he need to file a petition for joint custody and or to spend time with his child at his place or residence?
Answer to Joint Custody Question
Dear Vernon,
In order to establish visitation and joint custody your son will need to file a Petition to Determine Paternity and for Related Relief.
Note the last part of the form's name "and for Related Relief".
This is the part of the form where you ask the court to establish visitation and custody through a Shared Parenting Plan.
You can use our instruction page for the Petition to Determine Paternity form (Family Law Form 12.983a) and our instruction page for the Florida Parenting Plan form. (Family Law Form 12.995a).
The
process and the instructions are all there with links to the additional
required forms, and they are free.
Your son may qualify for a payment
plan or even a waiver of the filing fee by filling out an Application for Determination of Civil Indigent Status and filing it with the clerk of court. The clerk's office will determine if you qualify.
Just follow the instructions on all the forms and check with your circuit court's self help staff for instructions on rules and procedures.
Reader Comments
Father Moving to Another State
by: Anonymous from Florida
Hello I am a father of a 3 year old son who is currently paying
child support. I have a verbal agreement of when I can see my son with
his mother however she is constantly getting angry and takes those
rights away.
I am moving out of the state of Florida to Chicago and
would like to legally establish some type of custody whether it be in
the summers and or winters. Any advice as to how Florida law works in
situations like this and how I can get started would be great. Thank
you.
--A verbal agreement has little standing in any court.
As an unmarried biological father, you need to legally establish your
visitation rights. I would suggest that you file a Petition for
Paternity and a long distance parenting plan.
See the following page on our site to see if these are appropriate for your situation...
Petition to Determine Paternity & Related Relief
--Staff
Timeshare Question Long Distance
by: Anonymous
I am a single mother of a 14 YO girl. Her father resides in GA
and myself in FL. Child support is established in GA, but is now being
transferred to FL as I have relocated.
I am having the hardest
time with obtaining a consistent schedule with the father and want to
file necessary papers with the court to ensure we have a schedule.
I am
unsure of what forms to file as I do not have legal representation.
--You
say that child support is being transferred. If this is being done by
DCF, you should contact your case worker and find out your case number.
Call one of the legal aid resources we recommend on our Free Legal Aid page to see if they can help you. Transferring jurisdiction from another state can be very difficult to accomplish pro se.
Once Florida has official jurisdiction, you can file a modification with a long distance parenting plan. Good luck. --Staff
A Concerned Grandparent
by: Anonymous
My son is the father of a eight month old son . Him and the
mother are currently living together. To make ends meet he works
part-time and her parents pay her half of the rent/bills.
Now where the problem comes in at is that the mother of my grandson doesn't want him to spend anytime outside of the house with him.
When he tries to take
him out she tells him no he can't or he should have let her know the day
before then she calls her parents and they tell him that she's the
mother so what she say goes.
They're not going to be living
together much longer what I would like to know is how do my son go about
putting himself on child support, getting joint custody and visitation
established.
--Pretty simple. If they are married he can file
for divorce and have the time-sharing and custody/visitation issues
decided. If they are not married, he can file for the Petition for Paternity and do the same. --Staff
Legal Advice and Florida Court Forms
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