- Home
- /
- Custody and Child Support
Custody and Child Support
AT COURT SOURCE
We know that circumstances change which may be indicative of the need to modify an existing child support or custody order. We also prepare the paperwork to initially establish custody. We prepare the most important Florida child custody forms, including the Modification of Custody or Visitation forms, child custody papers, child custody laws, temporary custody, and Florida’s parenting plan forms as well.
These Florida child custody and visitation forms should be used when you are asking the court to either change current court-ordered custody or visitation orders, or to have the court establish one. One important point to remember is that Florida now uses the term “time-sharing” to indicate custody and visitation.
We use these terms interchangeably here because most of us (regular people) still call it custody and visitation. We will continue to use the terms custody and visitation until you and our customers decide to stop using them.
Time-sharing is the term the courts now use to describe where and when the children spend time with their parents. In other words, child custody and visitation. Call us old school, that’s OK with us. Time-sharing and parental responsibility are made part of an agreed upon parenting plan that is accepted by the court.
FLORIDA PARENTING PLANS
All divorces in Florida and any family law proceedings that require the establishment of custody and visitation between parents now require a Parenting Plan.
The Florida Courts provide three separate parenting plan forms: Parenting Plan, Long Distance Parenting, and the Safety-Focused Parenting Plan.
It’s important to remember that these parenting plan forms are not intended to fit all situations.
Parents are encouraged to use the parenting plan that most fits their situations and customize it to an agreeable plan that works for both the adults and their children.
We have a more complete discussion of Florida’s Parenting Plan Forms including information on how to file and the factors the court considers when approving or disapproving of a proposed parenting plan.
SUPPLEMENTAL PETITION TO MODIFY CUSTODY
The Florida child custody and visitation form Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan Time Sharing Schedule and Other Relief, Form 12-905(a) is sometimes to be used when you are asking the court to change current court-ordered custody or visitation arrangements.
The court can change an order granting shared parental responsibility, including a primary residential responsibility custody order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the children’s best interests.
A current child custody order may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the children.
Modifying an existing Child Custody & Visitation order is generally done by using a Supplemental Petition to Modify Child Custody as part of our document preparation services
ESTABLISHING CHILD CUSTODY
When unmarried parents are involved, paternity must be established before child custody and visitation can be ordered and enforced. There are several ways that paternity can be legally established. The voluntary signing of the child’s birth certificate at the hospital is the most common way for the legal establishment of paternity in Florida.
Another way to establish paternity is to have the court order scientific paternity testing. This procedure is handled through the Petition to Determine Paternity and for Related Relief.
Once Paternity is established (through scientific paternity testing if necessary) then custody, visitation, time-sharing and parental responsibility can be established.
TEMPORARY CHILD CUSTODY
Florida allows an extended family member may petition the court for temporary custody of a minor child. This law allows a child’s grandparents, aunts and uncles, cousins, adult siblings, or step-parents (if the step-parent is still happily married to the parents) and other family members to petition the court for a temporary order granting custody.
The definition of “extended family member” is a relative within the third degree by blood or marriage to the parent. The Florida state courts have published a set of forms for use by pro se parties to petition the courts to grant temporary custody of minors by extended family members. You can find these forms on the Florida State Courts website under the title Temporary Concurrent Custody.
Some of the circumstances that the temporary custody and concurrent custody law addresses are the ability for extended family custodians to enroll the children in school, request medical records, consent to medical care for the children, request copies of official documents and records such as birth certificates, medical and dental records, and educational records.
At Court Source we prepare these documents using the highest quality Florida Supreme Court Approved Forms so that we may assist you in your legal document paternity, custody , or child support matter.
