It can be overwhelming to try to understand the child custody process. In Florida, there are several steps to be aware of before starting the process.
Petition the court
First, one parent must file a child custody petition with the court and serve the other parent with notice. If you and your former spouse can positively communicate, you can create a parenting plan that works for both parties. A parenting plan outlines how you will each meet your parenting responsibilities and how you will share time with your child.
It may be helpful to participate in mediation where a neutral third party, called a mediator, can help you and your former spouse reach an agreement. If you are unable to agree in mediation, the court can decide for you based on the best interests of the child.
Parenting plan
The parenting plan will vary slightly depending on your family’s circumstances, but generally includes a time-sharing schedule that addresses when the child will be with each parent, which parent has decision-making authority about education, medical care and religion, and how the parents will communicate with each other. The parenting plan should also outline options for dispute resolution.
It may also address how the child will be transported to each parent’s home, who will take the child to extracurricular activities, or which parent will attend school events.
If your family’s needs change over time, you or your former spouse can request a modification of the original child custody agreement. This may apply if one parent needs to relocate or it may need to be changed as the child approaches adulthood, for example.
The parenting plan is most effective when both parents can be flexible.