Florida Visitation and Child Custody Forms

Petition to Modify Custody and Visitation

When should this form be used?

These visitation and child custody forms should be used when you are asking the court to change current court-ordered custody or visitation arrangements.

If you are looking to establish custody and visitation, and you are not married to the other parent, a Petition for Paternity is the appropriate form to use.

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.

For more information on these legal terms and others, please download and read the General Information for Self-Represented Litigants guide.

The Florida Bar publishes consumer pamphlets with lots of helpful information about Divorce In Florida and Shared Parenting After Divorce.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk.

You should file this form with the Clerk of the Circuit Court in the county where the original order was entered and keep a copy for your records.

If the order was entered in another state, or if the children live in another state, you should speak with an attorney about where to file this form. See our free legal resources page for more information.

You should file the original with the clerk of the circuit court and keep a copy for your records.

OK, now what do I do?

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit.
  
  
• Child Support Guidelines Worksheet - if you are asking that child support be ordered in the final judgment. If you do not know your spouse’s income, you may file this worksheet after his or her financial affidavit has been served on you.
  
  
• Settlement Agreement - if you both have reached an agreement on any or all of the issues.

  Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)
  

• Notice of Social Security Number.
  
  
• Family Law Financial Affidavit - This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the supplemental petition.
  
  
• Certificate of Compliance with Mandatory Disclosure - This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the petition, unless you and the other party have agreed not to exchange these documents.
  
  
• Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the Clerk for parenting courses where you live.
  

For your case to proceed, you must properly notify the other party in your case of the supplemental petition child custody form. If you know where he or she lives, you should use personal service.

If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief... If the other party is in the military service of the United States, additional steps for service may be required... In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

What is Personal Service?

Service means "giving a copy of the required papers to the other party using the procedure that the law requires." There are 4 ways to make service: personal service service by mail hand delivery constructive service Personal Service Personal service means that "a summons and a copy of the forms you are filing with the court that must be personally served are delivered by a deputy sheriff or private process server directly to the other party, or to someone over the age of fifteen with whom the other party lives." Personal service is required for all Florida divorce form petitions. You cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be made by the sheriff’s department or by a certified private process server in the county where the other party lives or works.

For more information about constructive service, limitations, and related free Florida child custody forms, see our page on diligent searches and constructive service.

Personal Service

Bring these child custody forms to the Sheriff's department in the county where the other party lives or works and pay the appropriate fee. You may use a certified Process Server to do the same thing.

The other party then has 20 days to answer the petition after being served.

Your case will then proceed in one of the following 3 ways:

• DEFAULT
  If after 20 days, the other party has not filed an answer, you may file a Motion for Default and call the Clerk of the Circuit Court where you filed your supplemental petition to set a Final Hearing.

  You must notify the other party of the hearing by using a Notice of Hearing (General) or other appropriate notice of hearing form by mail or hand delivery.

• UNCONTESTED
  If the other party files an answer that agrees with everything in your supplemental petition OR an answer and waiver, AND you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk to set a final hearing.

  You must notify the other party of the hearing by using a Notice of Hearing (General) or other appropriate notice of hearing form by mail or hand delivery.

• CONTESTED
  If the other party files an answer OR an answer and counter-petition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, after you have complied with mandatory disclosure and filed all of the required papers.

  Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

  If the other party files an answer and counter-petition, you should answer the counter-petition within 20 days using an Answer to Counter-Petition.

Child Custody

The judge will decide the parenting arrangements based on the children’s best interests.

Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor children.

The judge may request a parenting evaluation or appoint a guardian ad-litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues.

The purpose of such intervention is to be sure that the best interests of the children are being served. For more information, you may consult section 61.13, Florida Statutes.

Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live.

Important Terms

• Shared Parental Responsibility
• Sole Parental Responsibility
• Rotating Custody
• Primary Residential Responsibility
• Secondary Residential Responsibility
• Reasonable visitation
• Specified visitation
• Supervised visitation
• No contact

The Florida Bar publishes consumer pamphlets with lots of helpful information about Divorce In Florida and Shared Parenting After Divorce.

If you haven't done so already, please download the state's general information guide for the self represented. These legal terms and others are described in the free Florida divorce form, General Information for Self Represented Litigants

Child Support

If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your supplemental petition.

Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents.

You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).

Because the child custody forms and child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

TEMPORARY RELIEF

If you need temporary relief regarding parental responsibility and visitation with child(ren), or temporary child support, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form.

Settlement Agreement

If you and the respondent are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement.

Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1).

Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

FINAL JUDGMENT

You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Is there anything else I should know?

For further information about child custody forms, see chapter 61 of the Florida Statutes.

If you do not have the money to pay for the filing fee, you may obtain an Application for Determination of Civil Indigent Status. The clerk will determine whether you are eligible.

Download your forms.

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