This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child. Unless compelling reasons exist, courts will lean toward equal parenting time.
Time-Sharing – forms 12.905 (a) – Also known as “child custody.” Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief. The instructions found at the beginning of most forms are not the only place where you can get information about how a family case works.
Under Florida law, an unwed mother is the presumed guardian of minor children, and fathers do not have the same right of custody until a court orders it. Again, this is not to say they are wrong; a court can and may well order the mother to return the children to the state if the father filed for support.
If a court order exists that gives both parents the right to be involved in their child's life, any actions to interfere with this right, including withholding the child from their other parent, are considered illegal and can be legally challenged.
In Florida, the termination of parental rights can only be enacted through a court order, following a legal process outlined by state law. A petition to terminate parental rights can be filed by a guardian, a state agency, or, in some cases, an individual with a vested interest in the child's welfare.
Florida abandoned the traditional terms of custody in favor of parental responsibility and time-sharing. Florida's custody laws favor both parents remaining active in their children's lives. Therefore, courts prefer to see parenting plans and time-sharing plans that provide equal access for the child with each parent.
To file your petition in person, take all of your paperwork to your county clerk's office. Go to County Resources to see your county's information. To file your petition online, go to the Florida Courts E-Filing Portal to file your petition. If you don't have an account already, you will need to sign up for an account.
The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child.
A petition is filed by the parent seeking full custody to the county clerk's office. All necessary forms should be included, including a cover sheet, a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, and a Child Support Guidelines Worksheet. Depending on your situation, other forms may also be needed.
A petition is filed by the parent seeking full custody to the county clerk's office. All necessary forms should be included, including a cover sheet, a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, and a Child Support Guidelines Worksheet. Depending on your situation, other forms may also be needed.