WHAT IS INVOLVED IN A CUSTODY ACTION IN FLORIDA?
A custody action in Florida, also known as a child custody case, is a legal process that determines who will have legal and physical custody of a child or children. The following are some of the key elements involved in a custody action in Florida:
Filing a Petition: The first step in initiating a custody action is to file a petition with the court. The petition should outline the issues to be addressed, such as custody, visitation, child support, and other related matters.
Serving the Other Parent: After filing the petition, the other parent must be served with a copy of the petition and given notice of the court hearing. This is typically done through a process server.
Attending Mediation: In Florida, parents are required to attend mediation before the court hearing. This is a process where a neutral third party mediator helps the parents to reach a mutually agreeable resolution to the custody dispute.
Attending the Court Hearing: If mediation is unsuccessful, the case will proceed to a court hearing. At the hearing, each parent will have the opportunity to present evidence and arguments in support of their desire custody arrangement.
Factors Considered by the Court: In making its custody determination, the court will consider a variety of factors, including the child’s needs, each parent’s ability to provide for the child’s needs, the child’s relationship with each parent, and any relevant history of domestic violence or abuse.
Issuing a Custody Order: After considering all of the evidence presented, the court will issue a custody order that outlines the custody and visitation arrangements, child support obligations, and any other relevant terms.
Modification of Custody Orders: Custody orders can be modified in certain circumstances, such as when there is a significant change in the child’s circumstances of when one parent is not complying with the existing custody order.
It’s important to note that the specifics of a custody action can vary depending on the particular circumstances of the case. It is always advisable to consult with qualified legal counsel.
