Forms for Appeal or Modification of Temporary Custody

by Forest from Portland, Maine

Forms for Appeal or Modification of Temporary Custody:
My adopted daughter's birth father has filed for, and been granted, temporary custody of her 1 year old son in Volusia county Florida.

Is there a form, or specific format, that she can use to request an appeal or modification of the existing custody order?

Form 12.905(a) seems to be close, but may not be exactly what she needs. Thank you.

Answer to Florida Court Forms Child Custody Question

Dear Forest,

You are correct. Form 12.905(a), Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief, is the form you would use to modify or change a current court ordered parenting plan.

So this form may be appropriate for her situation if the order was made on a Petition for Paternity, or a Dissolution of Marriage. However, from what you mention here, this may not be the case.

If this is so, what she may be able to do is to file a Motion to Set Aside Default or Default Judgment, if the temporary order was entered due to a default on her part. Otherwise, she will need to start her own custody proceeding by filing form 12.905(a).

Without all the pertinent facts, it would be hard for us to direct you to any other forms you could use for her situation. You may want to consult an attorney for legal advice on how to proceed.

Use the links below for more Florida child custody information and resources.

Florida Child Custody Resources

Florida Court Forms Search

Florida Courts Family Law Forms

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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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