Change Child Support, Custody & Visitation In Florida

by Joshue from Auburndale, Florida, Polk County

They have me paying child support and I have my son every other week (7 days). I support him during my week.


Child enforcement has mom as custodial parent what do I have to file to make all changes that are necessary.

Answer to Florida Child Custody Question

Dear Joshue,

There is not enough information in your question to answer directly. There are several possibilities here.

Assuming you were not married, and the support order was placed by Child Support Enforcement, you can file using the Florida petition for paternity process.

Read the instructions to the Petition to Determine Paternity and for Related Relief form and follow the procedures on this form. Also, have a look at our web-powered instructions page for the Florida Petition to Determine Paternity form.

If the support order came from a final judgement of paternity, you can file using the supplemental petition to modify process. Download the Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief form 12.905(a), and follow the instructions on that form.

Or, download the Supplemental Petition for Modification of Child Support form 12.905(b) and follow the instructions on that form. This is the court form you will probably want to file because you can establish custody, visitation and child support all in one filing.

Have a look at our web-powered instructions page for the Florida Supplemental Petition to Modify Parenting Plan form. Also, have a look at our web-powered instructions page for the Florida Supplemental Petition to Modify Child Support form.

There are many issues here that will require some legal advice. You should seek out legal advice from a Florida family lawyer before going forward with your filing.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Custody, Visitation, and Paternity Without Court Arrangements
by: Warren

I have my son Friday night til Monday mornings every weekend, everyday school is out and during most of the holiday times. We have no court arrangements and have never been married. Well 2 years ago she did get married and the man has become abusive toward my child to the point that I have had to involve DCF. I can not afford an attorney so what forms do I need to file my case in Polk County? They are all related to dissolution of marriage. Also do I need to file an injunction against this man? Is this in my best interest? Or would it make matters worse?

--You will likely need to file the Petition for Paternity with the related forms. This will allow you to establish your parental rights and put in place a formal Parenting Plan. As far as your second question, isn't it better to ask yourself, "what is in my child's best interest?" If you feel your child's stepdad is being abusive, any action you take should consider your son's safety and well-being first. If in doubt, please consult an attorney. --Staff

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