Petition for Custody Form

by Michelle from Georgia

Trying to find out the correct form for petition for custody in Florida. My husband has two kids who live in Florida and has been paying child support for the kids.

We live in Georgia and their mom is now in jail. She has a 2 year sentence.

The kids now live with their aunt. My husband wants to file for custody.

What form do you use for the state of Florida? What can we do?

Answer to Florida Child Custody Question

Dear Michelle,

The form to petition for custody is called a Supplemental Petition for Modification of Child Custody/ Time Sharing Schedule and Other Relief.

You can find the form on the Florida Supreme Court's website, www.flcourts.org or you can have a look at our web-powered instructions page for Modifying Child Custody.

The grounds for a modification of child custody is substantial changed circumstances affecting any of the parties.

The mother in prison and that is definitely changed circumstances. Read the instructions for the form carefully, there are other forms that must be filed along with the petition. And, the most recent court order concerning child custody must be attached to the petition, when filed.

Also, the mother will have to be served with the petition (yes you can serve someone while they are in prison – just call up the facility and ask them the procedure). The aunt that is taking care of the children will also most likely need to be served.

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