Child Custody & Protection

by M. from Branford, Florida, Suwannee County

Child Custody & Protection: I moved to Florida July 8, 2009. I was in a abusive relationship with the father of my children. I had to file for a PPO. After I did that he would threaten my life. He was getting in trouble, and was sent to jail.



But after he was sentenced to two months of rehab he escaped. He showed up at my house trying to get in. I went to the Friend of the Court in Michigan to see what I had to do to get full legal custody.

They told me it would be best for me to file when I moved down here. He was sent to prison a few months ago. He doesn't communicate with the kids. But I want to make sure he can't just come down here and take them when he gets out.

Answer to Florida Child Custody Question

Dear M,

My suggestion is to file a Supervised Safety Focused Parenting Plan, Supreme Court approved form, 12.995(b).

Within the form there is an option to select, which states that contact with the other parent would be detrimental to the children.

The instructions for the Safety Focused Parenting Plan form state in part:

A Parenting Plan is required in all cases involving minor child(ren). This form or a similar form should be used in cases when you feel your child(ren) cannot be safely alone with the other parent or if you believe shared parental responsibility presents a detriment to the children.

In this case, a Parenting Plan must be developed that allows time-sharing with any minor children, while providing protection for the children. If safety or supervised time-sharing is not a concern, Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a) should be used.

This form and other Supreme Court approved forms can be found on their website at www.flcourts.org. You may also want to review form 12.980(c)(1), Temporary Injunction For Protection Against Domestic Violence With Minor Children, which states:

The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed.

Under the laws of Florida, the Court has jurisdiction of the petitioner and the subject matter and has jurisdiction of the respondent upon service of the temporary injunction.

It is intended that this protection order meet the requirements of 18 U.S.C. Section 2265 and therefore intended that it be accorded full faith and credit by the court of another state or Indian tribe and enforced as if it were the order of the enforcing state or of the Indian tribe.

Have a look at our Florida Legal Aid page for resources you may be able to use in your situation.

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.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

See These Related Florida Child Custody Pages

Back to Top

Go to Florida Child Custody

Go to Florida Child Custody FAQs

Go to Florida Child Custody Forms

Go to Modifying Custody & Visitation Documents Preparation Service

Back to Florida Court Forms from Child Custody & Protection