Father Wants Full Custody

by Mary from Tampa, Florida, Hillsborough County

Father Wants Full Custody: The mother is under baker act now, what papers do I file for the children to remain in the father's custody? The police report states that she has released the children to the fathers custody.



What I understand this to mean is until the father deems it safe to return the children. The father does not want to return the children now or ever. How to proceed.

Answer to Florida Child Custody Question

Dear Mary,

That depends. If there is an existing court-ordered time-sharing schedule and parenting plan, then the father will need to petition the court to modify it.

This is done through the supplemental petition process.

Have a look at our Supplemental Petition to Modify Parenting Plan instructions page for more information.

If there is no existing court order, then the father will need to either establish paternity or if paternity has already been established, then he will need to enter a proposed parenting plan and time-sharing schedule.

Have a look at our Petition to Establish Paternity instructions page or our Florida Parenting Plan Forms page for more information.

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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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

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