Seeking Child Custody in Florida: A Brief Guide

Child custody arrangements in Florida are established with the best interests of the child as the primary consideration. The process involves legal procedures that ensure the child’s safety, well-being, and stability. Here’s a short guide on how to pursue child custody in Florida:

1. Understand Types of Child Custody: In Florida, two main types of child custody are recognized:

Parental Authority: The authority to make important decisions regarding the child’s upbringing, including education, medical care, and religious practices. It has 2 choices: Shared or Sole.
Timesharing: The child’s living arrangements and time spent with each parent.

2. Determine the Appropriate Custody Arrangement:

How far do you live from the other parent? Any special needs for the child? Are there siblings or half siblings? Age and gender of child? There are many considerations in determining what will work best for your family.

3. Consult with an Attorney:

Seek legal advice from an experienced family law attorney in Florida. They can explain your rights, guide you through the legal process, and advocate for your desired custody arrangement. Bonnie Rhoden, Esquire can be reached by phone or text: 321 549 3162 or using the contact form on this site.

4. Filing a Petition:

Initiate the legal process by filing a petition for child custody with the appropriate Florida court – locally it is the 18th Judicial Circuit in Brevard County. This typically involves submitting specific forms and documents outlining your custody preferences and reasons for seeking custody.

5. Attend Mediation:

In most cases the court requires parents to attend mediation to attempt to reach a mutually agreeable custody arrangement. A mediator helps facilitate discussions and negotiations between the parties. There is NO judge present and it is not the place to hash out complaints and point fingers. Go to mediation ready to negotiate and do what is best for the children.

6. Present Evidence:

If an agreement cannot be reached through mediation, a court hearing may be scheduled. During this hearing, both parents present evidence supporting their custody requests. It’s crucial to prepare documentation, witnesses, and any relevant information to demonstrate your suitability as a custodial parent. This paragraph seems simple however going to trial is extremely stressful for parents and it is pricey – running from $6-8,000 per day of trial up to $12-15,000 per day (including prep time). Preparation for a 2 day custody trial takes 6-9 months.

7. Consider the Child’s Best Interests:

Florida courts prioritize the child’s best interests when making custody decisions. Factors influencing this determination may include the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s wishes (if age-appropriate), and more.

8. Finalizing the Custody Arrangement:

Once the court reviews the evidence and considers the child’s best interests, a Final Judgment will be issued. This order outlines the specific custody arrangement, visitation schedules, and any special provisions.

9. Comply with the Court Order:

Both parents must adhere to the terms of the custody order. Failure to comply can lead to legal consequences and impact future custody arrangements and cause additional court proceedings.

10. Modification and Enforcement:

If circumstances change or if there are issues with the custody arrangement, it may be possible to modify the order through the court. Additionally, if one parent fails to adhere to the order, the other parent can seek enforcement.

Navigating child custody proceedings can be complex and emotionally charged. Having a knowledgeable attorney by your side can significantly enhance your chances of achieving a favorable custody arrangement. Remember that laws and procedures also change and evolve (a big change took place as of July 1, 2023). Call Bonnie at 321 549 3162 or text if you have questions or would like to talk through your situation with an experienced family law attorney.