Legal Primary Custody

by Kaye from Live Oak, Florida, Suwannee County

Legal Primary Custody:
How do I obtain legal primary custody of my son? I have been the primary caregiver and guardian of my 11 year old son since birth.

His father has been involved in his life for about three years. We agreed to keep everything out of the courts, however I have decided I want to obtain legal primary custody of my son.

His father has been paying child support. Paternity tests have already been done. We arrange visitation between the two of us without difficulty. This year we added his father's name to the birth certificate and added his father's last name to my son's.

I would like to have legal documentation that I have primary custody of my son. Please inform me of what I would need to do to get this.

Answer to Florida Court Forms Child Custody Question

Dear Kaye,

First, let me applaud the both of you for working things out so well. Florida courts have a bias towards "shared parental responsibility". Usually neither parent has legal primary custody; although a child generally lives with or spends more time with one parent than the other.

If you would like legal documentation regarding your custody and child visitation arrangments you could file a Parenting Plan, Florida Supreme Court approved Form 12.995(a). Have a look at our web-powered instructions page for the Parenting Plan form.

It can either be filed by both of you as a plan that has been agreed upon; or as a proposed plan by either one of you.

That form and instructions for it can be found on the Florida Supreme Court's website, www.flcourts.org or use the link above.

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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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

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