Child custody fights pull at the heart. You are trying to protect your kids, keep life stable, and still deal with paperwork and court rules. At Mindful Divorce, P.A., we offer transparent, fixed-fee services that lower stress and help you plan your budget. This article walks through the Florida process in plain language for educational purposes only, not legal advice; talk with a licensed attorney about your situation.
Parental Responsibility and Time-Sharing in Florida
Florida no longer uses the word ‘custody’ in the old sense. Courts focus on parental responsibility, which is decision-making for schooling, health care, and other primary needs, and time-sharing, which is the schedule for when each parent spends time with the child.
Every case centers on the child’s best interests. That means safety, stability, and strong relationships guide the judge’s decisions. Your parenting plan and schedule should reflect that focus from day one.
With those basics in mind, we can look at when it makes sense to file a petition and what path fits your family.
Determining if You Need to File a Petition
You file a petition when you need a court order that sets decision-making and a time-sharing schedule. This can happen during a divorce or when unmarried parents separate and want a parenting plan and child support addressed by the court.
If parents were never married, you can file a Petition to Determine Paternity and for Related Relief to secure parental responsibility, time-sharing, and support. If you only need help with paternity, support, or a schedule without broader family court issues, the Department of Revenue Child Support Program can sometimes issue orders in a separate process.
Once you know a petition is needed, the next step is to prepare the forms carefully and file them in the right place.
Step-by-Step Guide to Filing a Petition for Parental Responsibility in Florida
The process is manageable if you break it into steps. Here is a clear path to get your case moving in the right direction.
Step 1: Complete the Required Family Court Forms
Start at the Florida Courts website, which hosts statewide family law forms and instructions. Forms must be typed or printed in black ink, and several require notarized signatures. Neat, complete forms help the clerk and the judge read your requests without confusion.
Common forms include the following, though your case could need more:
- Civil Cover Sheet
- Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d)
- Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e)
- Parenting Plan, Form 12.995(a), or Supervised or Safety Focused Parenting Plan, Form 12.995(b)
- Petition for Dissolution With Dependent or Minor Child(ren), if you are divorcing.
- Petition to Determine Paternity and for Related Relief, if parents are unmarried.
- Motion for Temporary Support With Dependent or Minor Child(ren), if you need temporary orders while the case is pending.
Take a moment to cross-check your county clerk’s site, since some clerks request local cover pages or extra documents.
Step 2: File the Forms and Pay Filing Fees
Your case starts when you file the initial petition with the circuit court in your county. The filing party is the petitioner, and the other parent is the respondent. You can file in person at the clerk’s office or e-file through the statewide portal.
Expect filing fees of $300 to $500. If you cannot pay, submit the Application for Civil Indigent Status to request a fee waiver or payment plan through the clerk.
The next step is service. Here is a quick look at your filing options and what to expect.
Once the petition is filed, move quickly to get the respondent served so the 20-day response window starts.
Step 3: Serve the Other Parent
Service gives the other parent formal notice of the case. Take your filed paperwork to the sheriff’s office or hire a licensed private process server to deliver it in person.
If you do not know where the other parent lives, tell the clerk and review the diligent search and alternative service rules. Some methods limit what the judge can order, especially with support, so getting personal service is best when possible.
Step 4: Respond to the Petition
After service, the respondent has 20 days to file a response. They can challenge parts of the petition or add requests with a counterpetition, such as a different time-sharing plan.
If both parents agree, the respondent can file an uncontested response and, in many cases, the court can set a hearing to approve the parenting plan. If the respondent does not file anything by the deadline, the petitioner can request a default judgment and proceed with the case.
Respondents often have questions about the forms and the 20-day clock, which the next section addresses in simple steps.
Information for the Respondent
If you were served, the 20-day response period goes fast. File your answer on time to keep your say in parental responsibility, time-sharing, and support.
You can find forms on the Florida Courts website. Common options include:
- Answer to Petition for Dissolution of Marriage, without counterpetition.
- Answer to Petition and Counterpetition for Dissolution With Dependent or Minor Child(ren).
- Answer to Petition to Determine Paternity and for Related Relief, without counterpetition.
- Answer to Petition and Counterpetition to Determine Paternity and for Related Relief.
- Motion for Scientific Paternity Testing.
File by e-filing or at the clerk’s counter, then serve a copy on the other parent. If a default was entered and you missed the deadline for a good reason, you can file a Motion to Set Aside Default and explain what happened, with proof if available.
With the response on file, both sides should prepare for the next phase, which often includes disclosures, classes, and settlement talks.
Preparing for What Comes Next
After petitions and answers are filed, the court process moves into preparation and problem-solving. Some families settle early, others need temporary orders or a hearing to resolve disputes.
Expect these next steps to come up, and plan for them ahead of time:
- Parenting class, usually within 45 days of filing, is known as the Parent Education and Family Stabilization Course.
- Financial disclosures and a Child Support Guidelines Worksheet, if support is requested.
- Mediation or settlement conferences to work out a parenting plan, holiday arrangements, and exchange schedules.
If safety is a concern, ask the court for protections and a safety-focused parenting plan. Clear, child-centered proposals help the judge see what will help your kids right now.
Need Assistance with Your Child Custody Case? Contact Mindful Divorce, P.A.
At Mindful Divorce, P.A., we combine calm guidance with fixed-fee pricing to eliminate billing surprises. Our team focuses on parenting plans that keep your children front and center while providing you with a clear roadmap.
Have questions about filing in your county, service, or the right forms for your case? Feel free to call us, and we will walk through your options in plain terms.
We are committed to clarity and peace of mind, from the first filing to a final parenting plan that protects what matters most. Reach out and let us help you move forward with confidence.
Ready to talk through next steps for your family? Call 561.537.8227 or visit our contact page to schedule a consultation. We welcome your questions and will explain costs up front with our fixed-fee approach. A steady plan today can bring your home much-needed calm.
