Sole Custody of a Minor Child in Florida

by Kelly
(Miami, Florida, Miami-Dade County)

Can a father obtain sole custody of a minor child when the mother has been absent for four years?
My son's mother and I have a settlement filed in Miami Dade Family Court in 2005 that gave us joint custody.

In 2006 his mother left the state of Florida, and we have not heard from her for two years and do not no her where she is.

I have been my son's sole provider since his birth and am interested in having our settlement voided to obtain sole custody. Is this possible?

Answer to Florida Child Custody Question

Dear Kelly,

Yes. In 2009 the Florida Courts changed the way the court handles custody and visitation issues in Family Law cases. They now use what is termed Parenting Plans and Time-Sharing Schedules. They are essentially the same thing.

You will need to start the process by filing the Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief form. Have a look at our web-powered instructions page for this form.

However, you should become familiar with the new terminology so that you can petition the court correctly. What you are essentially asking the court to do is to award you Sole Parental Responsibility with No Contact.

What you are asking to do may become very complicated because you will have to properly serve your Supplemental Petition on the mother of the child or go through what is called constructive service. This case definitely merits some legal counsel even if you file pro-se. Have a look at our Free Legal Resources page for more information on free and low cost legal services.

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 and low cost legal services in Florida.

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Child Custody Library
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Modifying Parenting Plans & Time Sharing Schedules

This 70+ page guide has complete step by step instructions for completing the Florida court approved forms for the Supplemental Petition to Modify Parenting Plan/Time Sharing Schedule & Other Relief. Available as an e-book download.

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