Full Custody for Daughter

by Ana from Miami, Florida, Miami-Dade County

Full Custody for Daughter:
Seeking full sole custody for 9 month old daughter. I have a 9 month old daughter and have never been married to her father.

Although we have been living together since her birth our relationship has now dissolved and he is moving out.

He has agreed to grant me full custody. What steps should I take next to ensure that this is legal and valid.

Answer to Florida Court Forms Child Custody Question

Dear Ana,

This is a thorny legal issue. First, exactly what do you mean by "full custody"? Do you mean that he may never see her or have any contact with her? Or do you mean that he may see her, but you will be making all of the parenting decisions?

Florida courts have a bias toward granting "shared parental responsibility"; reasoning that it is usually in the best interests of children to have both parents in their lives. And does his agreement to grant you full custody, actually mean that he doesn't want to pay child support?

The state of Florida is unlikely to let him off the hook so easily. You can formalize your child custody arrangment by filing a Parenting Plan through the court system. This form is available on the Florida Supreme Court's website at www.flcourts.org.

Have a look at our web-powered instructions page for the Florida Parenting Plan.

You can file it as a joint petition signed by both of you, and that has already been agreed to by both of you. Or one of you can file it as a proposed Parenting Plan, Form 12.995(a).

A Parenting Plan is required in all cases involving time-sharing with minor child(ren), even when time-sharing is not in dispute. This form or a similar form should be used in the development of a Parenting Plan.

If the case involves supervised time-sharing, the Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995 (b) or a similar form should be used.

If an agreement has been reached, both parties must sign the Parenting Plan and have their signatures witnessed by a notary public or deputy clerk.

After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). If an agreed Parenting Plan is not filed by the parties, the Court shall establish a Plan.

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.

Legal Match Logo

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

Florida Court Forms Self Help Guides

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 Sole Custody in Florida Questions

Go to Modifying Custody & Visitation Documents Preparation Service

Back to Florida Court Forms from Full Custody for Daughter