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Primary Custody & Residence

by Jay Piniella
(Tampa, Florida, Hillsborough County)

I was married for 10 years, we had two children 12 & 13. Have been divorced for 7 years, we have "shared parental responsibility with the mother providing primary residential care and the father providing secondary residential care".

We also have a standard visitation schedule,in which I have gotten my kids 4 days per month.
I pay no child support as I gave all my interest in our home to my ex-wife as payment up front.

My son wants to live with me , but my ex-wife is against it, so what forms do I need to fill out and submit to change primary residence, and have my son ask for this change? I am not sure how to start the process, and the forms, which ones exactly, need to be used.

I can not afford a lawyer at this time, so need to do this myself, any help at all, or lead me in the right direction will be very much appreciated.


Answer to Florida Child Custody Question

Dear Jay,

You will need to file a Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief and the corresponding forms. Have a look at our web-powered page for Form 12-905a for more information.

You should at least have a consultation with an attorney as this may become a complicated case. Have a look at our Florida Legal Aid and Legal Resources page for more information.

We are not lawyers and do not give legal advice.
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If you have any concerns and need legal advice, you should speak to an attorney in your area. You should only accept legal advice from an attorney.

If you do not have a lawyer, we recommend you use this free Lawyer Referral Service by LegalMatch or call toll free 877-517-7329. Many lawyers offer free initial consultations.

Also, have a look at our Florida legal resources page for more information about free


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Modifying Parenting Plans & Time Sharing Schedules
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