Establishing Custody & Visitation

by Dorali from Homestead, Florida, Miami-Dade County

Establishing Custody & Visitation:
I am an unwed single mother of two. I set up my own visitation agreement with the father of my kids (he gets them every other weekend.

I'm currently engaged to become a military wife and will be moving from Florida to Georgia hopefully in 7 months. I never established custody of my children.

The kids father is threatening me to take me to court if I try to bring the kids with me to Georgia. How do I go about filing for custody and being able to leave to Georgia with my children once I become a military wife? I still want their father to have visitation rights.

Answer to Florida Court Forms Child Custody Question

Dear Dorali,

The form that you need to file is a Parenting Plan, Form 12.995(a) which can be found on the Florida Supreme Court's website.

The courts prefer that parents agree on issues involving their children, but if parents are unable to agree the court will decide.

The Parenting Plan is very detailed and among other things it is based on the following:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required;
  
  
• The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties;
  
  
• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child(ren) as opposed to the needs or desires of the parent;
  
  
• The length of time the child(ren) has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
  
  
• The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan.
  
  This factor does not create a presumption for or against relocation of either parent with a child(ren);
  
  
• The moral fitness of the parents;
  
  
• The mental and physical health of the parents;
  
  
• The home, school, and community record of the child(ren);
  
  
• The reasonable preference of the child(ren), if the court deems the child(ren) to be of sufficient intelligence, understanding, and experience to express a preference;
  
  
• The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child(ren), including, but not limited to, the child(ren)’s friends, teachers, medical care providers, daily activities, and favorite things;
  
  
• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child(ren), such as discipline, and daily schedules for homework, meals, and bedtime;
  
  
  
• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child(ren), and the willingness of each parent to adopt a unified front on all major issues when dealing with the child(ren);
  
  
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought;
  
  
• Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect;
  
  
• The particular parenting tasks customarily performed by each parent and the division or parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties;
  
  
• The demonstrated capacity and disposition of each parent to participate and be involved in the child(ren)’s school and extracurricular activities;
  
  
• The demonstrated capacity and disposition of each parent to maintain an environment for the child(ren) which is free from substance abuse;
  
  
• The capacity and disposition of each parent to protect the child(ren) from the ongoing litigation as demonstrated by not discussing the litigation with the child(ren), not sharing documents or electronic media related to the litigation with the child(ren), and refraining from disparaging comments about the other parent to the child)ren)

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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

Back to Child Custody Visitation Questions

Go to Modifying Custody & Visitation Documents Preparation Service

Back to Florida Court Forms from Establishing Custody Visitation

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