Legal Primary Residential Custody

by Angrinsoni from Tampa, Florida, Hillsborough County

Legal Primary Residential Custody: How do I file for legal primary residential custody of my 3 year old? When my ex-girlfriend and I split up 2 years ago she left our daughter with me to live with. Up until 2 months ago she has moved out of state.



How do I file legally to make sure that my ex can not come and take her from me?

Answer to Florida Child Custody Question

Dear Angrinsoni,

From what you wrote it sounds like your ex-girlfriend has recently returned to the area, and you are in fear that she will simply pick up your daughter and take her away.

Your fears are well founded.

Since you were never married, until you are recognized as the legal father of your daughter, you have few rights.

The first step is to file Florida Supreme Court approved form 12.983(a), Petition to Determine Paternity and For Related Relief, which can be found on the Supreme Court's website, www.flcourts.org.

Have a look at our web-powered instructions page for the Florida Petition to Determine Paternity form. The form allows you to state that you are the father of the child; and request custody and child support.

There is space on the form to state your reasons for requesting custody. Florida courts prefer to allow children to maintain relationships with both parents, unless it is not in the child's best interest.

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.

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.
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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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