Filing for Full Custody of Your Child in Florida

If you are going through the divorce process, you might be interested in filing for sole custody of your child. There are several steps you need to follow, and the most important thing you need to remember is that the court will act in the best interests of the child. If you feel like it is in your child's best interest for you to have sole custody, your case might succeed.

At the same time, if you do not follow the right steps, your petition may be dismissed before it is even read. Therefore, take a look at the steps you need to follow if you want to receive full custody of your child in Florida. 

1. Pick the Right County

If you want to receive full custody of your child in Florida, you need to pick the right county. If you are currently married, you may be interested in receiving full custody as a component of the divorce agreement. In this case, you need to file your paperwork in the county in which you and your spouse live.

If you and the other parent are living in different locations, you need to file the paperwork in one of the two counties in which you live. The name of the document may vary depending on the county in which you live, so you may want to reach out to the clerk of court for more information. 

2. Fill Out the Paperwork

Next, you will need to fill out the right paperwork. If you are still married, you will fill out a Petition for the Dissolution of Marriage with Dependent or Minor Children. While the name is long, it essentially means that you are filing for divorce and there are minor children involved. Therefore, determining custody will be a component of the divorce agreement.

If you and the child’s other parent are already divorced, there may be different paperwork you need to fill out. Again, the name of this paperwork can vary from county to county, so you may want to check with a local clerk of court to make sure you fill out the right documents. If you don't fill out the right documents, the petition might not be heard.

3. File the Petition Appropriately

After you have filled out the paperwork, you need to file the petition. Even though you may be able to file the petition electronically, it is usually better to work with a divorce law attorney who can help you. You need to make sure you have filled out the document appropriately, and you need to put your case in the best position possible to succeed. Furthermore, an attorney likely has connections with the local courthouse and might be able to get your documents processed more quickly. 

4. Serve The Petition

After the petition has been filed, it needs to be served to the other party. The other party deserves a chance to respond to the document. You will need to pay court costs for your case to be heard, and these costs should cover the cost of using a process server. What this means is that there is a designated individual whose job it is to deliver the petition to the other party. In some cases, it might be the responsibility of the Sheriff's Office to serve the documents to the other parent.

Most importantly, you should never serve the papers on your own. You do not know how the person is going to react, and you do not want to put yourself at risk. If you do not know where the other parent is located, you should talk to your attorney about how to handle this situation. 

5. Wait For a Response

After the petition has been served, you need to wait. The other parent needs to respond within a set amount of time. In general, this is 20 days, but it may vary from place to place. Then, take a look at the response. There are some situations where the other parent may not want to have custody of their children. Then, there are other situations where the parent will contest the motion. The response of the party will dictate what happens next. 

6. Respond Appropriately

Again, the response of the other party will dictate what happens next. If the other party is not contesting the motion, or if the other party agrees that you deserve full custody, then the process should proceed relatively quickly. If the other party is contesting the motion, then the case might go to trial.

You need to work with an attorney who understands how to respond to the other parent. Even if you think the facts of the case are on your side, you never know what will happen in a courtroom. That is why you should work with an attorney who can help you. 

How To Get Sole Custody or Full Custody in Florida

There are several reasons why a parent may be awarded sole custody of their children in Florida. These include:

• If the other parent has a history of physically, mentally, emotionally, or sexually abusing their children, then he or she may not be given any custody at all.
• If one parent can prove that the other parent has a history of child abandonment, then full custody may be awarded to the parent who does not have a history of child abandonment. 
• If one parent is incarcerated, then the other parent will be given full custody.
• If one parent has a history of severe and ongoing mental or emotional illness, then the other parent will be given full custody.
• If one parent has a history of substance abuse, then the other parent will likely be given full custody.

Clearly, there are a lot of moving parts if you would like to receive full custody in Florida. Even though it sounds like there are a lot of steps, an experienced lawyer who specializes in child custody can streamline the process for you.

Trust Aaron Delgado and Associates For Help With Child Custody Issues in Florida

If you have child custody issues in Florida, it is important for you to work with an attorney who can represent your rights and protect your interests. At Aaron Delgado and Associates, it would be our pleasure to help you pursue full custody of your children in Florida.

We will review your case without judgment or reservation, and we will always put your interests first. If you would like to learn more about how we can help you, please contact us today for a case consultation.