It is 9:00 p.m. The house is quiet. A child is asleep down the hall. Two parents sit at a kitchen table, staring at paperwork and asking the same question. How do we file for child custody in Florida?
This moment is increasingly common in Florida households. According to data from the Centers for Disease Control and Prevention, Florida has a divorce rate of about 3 divorces per 1,000 people, placing it among states with higher rates of marital separation. These legal dissolutions often require courts to establish parenting plans and time-sharing schedules.
If you are looking to file for child custody in Florida in 2026, this guide explains the process step by step. You will learn:
- What does Florida law mean by parental responsibility and time-sharing
- How does a divorce impact this situation
- Which forms you must file and where to file them
- How to serve the other parent properly
- What happens after filing, including mediation and hearings
- When and how child custody orders can be modified
Clear information reduces confusion. Preparation strengthens your position. The process may feel overwhelming at first, but it follows a defined structure under Florida law.
What Does “Child Custody” Mean in Florida?
Florida law does not use the term “custody.” The statute refers to two concepts: parental responsibility and time-sharing. Courts focus on the child’s best interests in every decision.
Parental responsibility addresses who makes major decisions about the child’s life. These decisions include education, healthcare, and religious upbringing. Florida courts favor shared parental responsibility in most cases.
This means both parents retain decision-making authority. A court may award sole parental responsibility if evidence shows shared decision-making would harm the child.
Time-sharing refers to the schedule that determines when a child spends time with each parent. Florida courts now presume that equal time-sharing serves a child’s best interests. A judge can order a different schedule if evidence supports it.
Each case depends on facts, parenting history, and the child’s needs. Every custody case requires a written parenting plan. This document outlines:
- Weekly and holiday schedules
- Decision-making authority
- Communication rules between parents
- Methods for resolving disputes
- Transportation and exchange details
The parenting plan becomes a binding court order once approved. Courts expect clarity and specificity. Vague plans often create future conflict.
What Forms Do You Need to File for Child Custody in Florida?
To file for child custody in Florida, a parent must submit the correct petition and required supporting documents to the circuit court in the county where the child lives.
The most common form is:
Petition to Determine Parental Responsibility and Time-Sharing and for Other Relief
This petition applies when:
- Parents were never married
- There is no existing custody order
- You are asking the court to establish a parenting plan
If there is already a custody order and you want to change it, you must file:
Supplemental Petition to Modify Parenting Plan and Time-Sharing Schedule
In addition to the petition, Florida courts require:
- Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (UCCJEA): This document lists the child’s residences for the past five years.
- Family Law Financial Affidavit: This form discloses income, expenses, assets, and debts.
- Parenting Plan: You must submit a proposed parenting plan with a detailed time-sharing schedule.
- Notice of Social Security Number
Florida Supreme Court–approved forms are available on the Florida Courts website. Using the approved version helps prevent rejection or delay.
Where Do You File for Child Custody in Florida?
You must file your custody petition in the circuit court for the county where the child currently lives. Florida circuit courts handle all family law matters, including parental responsibility and time-sharing.
If the child recently moved, jurisdiction may depend on where the child has lived for the past six months. The UCCJEA affidavit helps the court confirm proper jurisdiction. Filing in the wrong county can delay your case or result in dismissal.
You will file your documents with the Clerk of Court in the appropriate county. Most counties allow:
- In-person filing
- E-filing through the Florida Courts E-Filing Portal
- Filing by mail in limited circumstances
There is a filing fee that varies by county and case type. Parents who meet income requirements may apply for a fee waiver by submitting an Application for Determination of Civil Indigent Status.
After filing, the clerk assigns a case number. The court then issues a summons. The summons allows you to formally notify the other parent.
How Do You Serve the Other Parent After Filing?
Florida law requires formal service of process. You cannot simply hand the papers to the other parent yourself.
Service must be completed by:
- The county sheriff’s office
- A certified private process server
Once served, the other parent has 20 calendar days to file a written response.
If the other parent cannot be located after diligent search efforts, you may request service by publication. This process is more complex and requires court approval.
Proper service is essential. A judge cannot issue binding custody orders unless both parties receive lawful notice. Incomplete filings slow cases down. Courts expect accuracy and full disclosure.
What Happens After You File for Child Custody in Florida?
Filing your petition begins the case. It does not end. Florida courts require several additional steps before a judge signs a final parenting plan.
1) Mandatory Financial Disclosure
Florida law requires both parents to exchange financial information within 45 days of service. This rule applies even if the dispute centers on time-sharing. The court expects transparency from both sides.
Each parent must provide recent tax returns, income documentation, and financial statements. Judges rely on this information to determine child support and assess overall stability. Delays in disclosure often slow the case.
2) Required Parenting Course
Florida requires both parents to complete a court-approved parenting course in any case involving minor children. This requirement applies in divorce cases and in custody actions between unmarried parents.
The course focuses on co-parenting strategies and the impact of conflict on children. Each parent must file proof of completion with the court. A judge will not finalize custody orders without it.
3) Mediation
Most custody cases move to mediation before trial. Mediation allows parents to resolve disputes outside the courtroom. A neutral mediator helps structure discussions about schedules, holidays, and decision-making authority.
If both parents reachan agreement, the mediator prepares a written settlement. The judge reviews it and, if appropriate, enters it as a court order. If mediation fails, the case proceeds to a final hearing.
4) Final Hearing
At a final hearing, each parent presents evidence and testimony. The judge evaluates the proposed parenting plans and applies Florida’s statutory best interest factors.
After reviewing the evidence, the court issues a written order that establishes parental responsibility and time-sharing.
How Do Florida Courts Decide Child Custody?
Florida courts decide custody cases under a single controlling standard: the best interests of the child. Judges do not favor mothers over fathers. Judges do not reward the first filer. The court evaluates the evidence and applies the statutory factors.
Florida law includes a rebuttable presumption that equal time-sharing is in a child’s best interests. That presumption shapes many custody decisions in 2026. A parent can overcome it with strong evidence. The burden falls on the parent who seeks a different arrangement.
Judges review several statutory factors. These factors focus on stability, safety, and cooperation. The court evaluates each parent’s ability to place the child’s needs above conflict. The analysis centers on conduct, not accusations.
Courts consider:
- Each parent’s ability to support a close relationship between the child and the other parent
- Each parent’s ability to provide a consistent routine
- The mental and physical health of each parent
- The child’s school and community stability
- Any history of domestic violence, substance abuse, or neglect
Evidence carries weight. Documentation matters. Judges respond to facts supported by records, witnesses, and credible testimony.
The court does not look for perfection. The court looks for stability, maturity, and a demonstrated commitment to the child’s well-being.
Can You Modify or Enforce a Child Custody Order in Florida?
A custody order is not always permanent. Life changes. Florida law allows parents to request a modification, but the standard is strict.
1) Modifying a Custody Order
To modify a parenting plan or time-sharing schedule, a parent must prove a substantial, material, and unanticipated change in circumstances. The change must affect the child.
The court then determines whether the modification of child support serves the child’s best interests. Common examples include:
- A significant relocation
- A serious change in a parent’s work schedule
- Evidence of substance abuse or domestic violence
- Persistent refusal to follow the existing schedule
Minor disagreements do not justify modification. The court requires strong evidence.
A parent seeking modification must file a Supplemental Petition to Modify Parenting Plan and Time-Sharing Schedule in the same court that issued the original order.
2) Enforcing a Custody Order
When one parent violates a custody order, the other parent can file a Motion for Civil Contempt or Enforcement.
The court may:
- Order make-up time-sharing
- Award attorney’s fees
- Impose fines
- Modify the parenting plan in serious cases
Judges expect compliance with court orders. Repeated violations can damage credibility and affect future custody decisions.
Parents should document missed exchanges, denied visitation, or communication failures. Clear records strengthen enforcement actions.
FAQs: How to File for Child Custody in Florida
Here are common questions about filing for child custody in Florida.
1) Do I have to be divorced to file for child custody in Florida?
No. Unmarried parents can file a Petition to Determine Parental Responsibility and Time-Sharing. Married parents typically address custody during divorce proceedings. Florida courts treat parental responsibility and time-sharing the same, regardless of marital status.
2) How much does it cost to file for child custody in Florida?
Filing fees typically range from $300 to $410, depending on the county and case type. Additional costs may include service of process fees and parenting course fees. Parents with limited income can apply for a fee waiver through a civil indigency application.
3) Can I file for child custody in Florida without a lawyer?
Yes. Florida provides Supreme Court–approved forms for self-represented parents. However, custody cases can become complex if disputes arise over time-sharing, relocation, or allegations of misconduct. Many parents benefit from legal guidance in contested cases.
4) How long does it take to finalize a custody case in Florida?
The timeline depends on whether the case is contested. If both parents reach an agreement during mediation, a case may conclude in a few months. If the case proceeds to trial, resolution can take significantly longer due to court scheduling and evidentiary hearings.
5) What happens if the other parent does not respond after being served?
If the other parent fails to respond within 20 days after service, you may request a default from the court. A judge can then proceed without that parent’s participation. Proper service must be documented before the court enters a default judgment.
6) Can a child choose which parent to live with in Florida?
Florida courts may consider the preferences of a mature child. The judge makes the final decision based on the statutory best-interest factors. A child’s preference alone does not control the outcome.
The Next Step in a Florida Custody Case
Filing for child custody in Florida requires more than submitting paperwork. The process involves jurisdictional rules, mandatory disclosures, parenting plans, mediation, and careful presentation of evidence.
Courts focus on the child’s best interests and expect preparation at every stage. Understanding how to file for child custody in Florida provides parents with clarity before they enter the courtroom.
Custody outcomes affect parenting time, decision-making authority, and long-term family stability. Mistakes in filing or weak documentation can delay a case or undermine credibility. Strategic preparation strengthens your position and protects your parental rights.
If you are preparing to file for child custody in Florida in 2026 or responding to a custody action, the attorneys at Cowhey & Ward can help you move forward. Contact our office to schedule a free, confidential consultation and discuss next steps in your case. Reach out now!