What is the process for filing for sole custody?
In the state of Florida, filing for sole custody is the process of obtaining legal authority over a child. To pursue sole custody in Florida, parents must follow certain legal steps. First, a parent must file a Petition for Custody and Support in the court of the county in which the child resides. The petition must include the proposed parenting plan, which will outline the proposed timesharing and decision-making arrangements. It must also include a statement of the child’s current living situation, financial information about the parents, and a proposal for child support. The parent must then serve the petition and proposed parenting plan on the other parent. The other parent must then file a Response in the court, or a Motion to Dismiss the Petition, if they disagree. If both parents agree on the petition, the court may grant the parent filing for sole custody their request without a hearing. However, if the parents disagree, the court will hold a hearing where both parties can present evidence and testimony. After the hearing, the court will issue an order granting either sole or shared custody. Although filing for sole custody can be a difficult process, it is available to parents in Florida who wish to pursue it. Parents should be sure to find an attorney to help them navigate the legal obstacles in order to protect their rights and the rights of the child.
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