It is the public policy of Florida to ensure each minor child has frequent and continuing contact with both parents after the parents have separated or divorced, and to encourage parents to share the rights and responsibilities of child rearing.
The father is given the same consideration as the mother in determining custody regardless of their child’s age or sex.
Judges are given great discretion as to the welfare of children, and it is no longer a given that the mother will automatically receive custody. Many factors are considered before custody is awarded.
In most cases, parental responsibility for a minor child will be shared by both parents so that each retains full parental rights and responsibilities with respect to their child.
This requires both parents to confer so that major decisions affecting the welfare of the child will be determined jointly.
You and your spouse may agree, or the court may order, that one parent have the ultimate responsibility over specific aspects of the child’s welfare, such as education, religion, or and medical and dental needs.
If the parents have a substantial conflict over any of these areas the court will decide on responsibility for them.
The court can order varying types of shared parenting arrangements depending on the evidence presented at the final hearing.
The court may designate one parent’s home as the primary residence and afford the other parent frequent and continuing contact, or, the court may order rotating custody in which the time spent with each parent is equal.
In rare cases, the court can order sole parental responsibility and custody to one parent. To do so, the court must determine that shared parental responsibility would be detrimental to the child.
In considering issues between parents and their children, the best interest of the child is the primary consideration by the courts. Florida law requires both parties to attend a parenting course prior to entering a final divorce. Consult your county clerk’s office for information on courses offered.
SUPPLEMENTAL PETITION TO MODIFY CUSTODY
This Florida child custody and visitation form should be used when you are asking the court to change current court-ordered custody or visitation arrangements.
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.
Click here to see FL Child Custody Form 12.905a
Establishing Custody - Unmarried Parents
PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF
This Florida child custody form should be used by a birth mother or father to ask the court to establish paternity, custody, visitation, and/or child support of a minor child or children.
This means that you are trying to legally establish who is the father of the children.
Click here to see FL Child Custody Form 12.983a
Establishing Custody - Others
STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT
This Florida child custody form is to be completed and signed by the parent who is giving up all rights to and custody of the minor child to be adopted.
This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular.
Click here to download Florida Adoption Form 12.981a1
AFFIDAVIT OF NONPATERNITY
This Florida child custody form should be used when a stepfather is adopting his wife’s minor child and the mother and father of the minor child(ren) were never married and paternity has not been established by a valid acknowledgment or court order.
This Affidavit of Nonpaternity may be used instead of a consent form. This Affidavit may be executed before the birth of the minor child. The person signing the affidavit waives notice to all court proceedings after the date it is signed.
After signing this affidavit, it may only be withdrawn if the court finds the affidavit was obtained by fraud or duress.
Click here to download Florida Adoption Form 12.981a3
STEPPARENT ADOPTION: CONSENT OF ADOPTEE
This Florida child custody form must be completed and signed by the person being adopted, the adoptee, if he or she is over 12 years of age, unless the court, in the best interest of the minor excuses the minor’s consent.
It must be signed in the presence of a notary public or deputy clerk and two witnesses other than the notary public or deputy clerk.
Click here to download Florida Adoption Form 12.981a2
JOINT PETITION FOR ADOPTION BY STEPPARENT
This Florida child custody form should be used when a stepparent is adopting his or her spouse’s child. Both the stepparent and his or her spouse must sign this petition. You must attach all necessary consents or acknowledgments that apply to your case, as listed under the Special Notes section below.
Florida Statutes require that consent to adoption be obtained from:the mother of the minor.the father of the minor if:
- the minor was conceived or born while the father was married to the mother;
- the minor is his child by adoption;
- the minor has been established by a court proceeding to be his child;
- he has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or
- in the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of section 63.062(2).
Determining whether someone’s consent is required may be a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082 in particular.
Click here to see Florida Adoption Form 12.981b1
PETITION FOR ADOPTION OF ADULT BY STEPPARENT
When should this form be used?
This Florida child custody form should be used when a stepparent is adopting his or her spouse’s adult child. You must obtain the written consent of the adult child to be adopted, as well as the written consent of his or her spouse (if married).
Click here to see Florida Adoption Form 12.981c1
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