Legal Question in Family Law in Florida

Re: child custody

Because you indicate a deadline for filing a motion, it appears you wish to appeal the Final Judgment. You can appeal the child support portion without appealing the rest of the judgment. If you do not file a Motion For Appeal, you may subsequently file a Petition For Modification of the Final Judgment, requesting the court to modify any part of the FJ. You must show a substantial change in circumstances supporting the petition. In either approach, you are advised to consult with legal counsel to determine options.

Re: child custody

I am not sure if this will work but the proper form follows in several parts. You should seek the aid of an attorney for something as important as this.

Scott R. Jay, Esq. 305-249-8000

INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.903(b),

PETITION/REQUEST TO MODIFY/CHANGE

PRIMARY RESIDENCY/CUSTODY OF CHILDREN

The court can change an order granting primary parental responsibility, including a primary residential responsibility/custody order, if the judge finds that there has been a substantial change in the circumstances of the parties and the proposed change is in the child(ren)'s best interest.

You may file this request for the change in primary parental responsibility in the circuit court in the county where you live, where the other parent lives, where the child(ren) live(s), or in the county where the original order was entered. If the order was entered in another state or if the child(ren) live(s) in another state, you should speak with an attorney about where to file your request.

To request a change in primary parental responsibility, you must fill out this form, and Florida Family Law Forms 12.910(a), Summons: Personal Service on Individual and 12.901(f), Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit and file all these forms with the court. In these forms and other court papers, you are referred to either as the petitioner or the respondent. The petitioner is the person who originally opened the case. The respondent is the other party. For further assistance in identifying yourself as the petitioner or respondent, find your name on the upper left side of the first page of a paper previously filed in your case. Under your name you should see the word petitioner or respondent.

$ When you file these forms with the court, you will be charged a filing fee and service fee. If you cannot afford these costs, you must also complete Family Law Form 12.901(c), Affidavit of Insolvency, and file it with the court requesting a waiver of the costs. If you are requesting child support be paid, see Family Law Form 12.901(g), Child Support Guidelines Worksheet, Appendix 3, and section 61.30, Florida Statutes for help. Also, you should decide if you want the support award to be paid through the central depository which keeps a record of all payments and sends notices if the paying parent gets behind in payments and/or by income deduction order which means that the paying parent's (obligor's) boss sends money from the obligor's wages right to you. See Family Law Form 12.991(a), Order Requiring Payment of Child Support through Central Depository and Family Law Form 12.991(b), Child Support Income Deduction Order. If you do not know your spouse's or your child's other parent's income, you may use Family Law Forms 12.930(a) and (b), and 12.931(a), (b) and (c) to find out about that person's wages, assets, and debts.

See part 2.

Re: child custody

Part 2

After the other parent has been served with a copy of the forms, he or she has 20 days to file a response with the court. If the other parent does not file a response, you are entitled to a default (see Family Law Forms 12.922(a), Request to Enter Default, 12.922(b), Default, and 12.993, Final Judgment of Modification of Parental Responsibility and Visitation).

After the other parent has responded to your petition (request) or a default has been entered because he or she has not responded, you must ask for a hearing for the court to consider your request. See Family Law Form 12.921, Order Setting Matter for Uncontested Hearing or Status Conference, or Form 12.923, Notice of Hearing (General Form). Even after a default has been entered the other party must be given notice of the hearing because the court must determine the best interest of the child(ren).

You should bring a proposed order with you to the hearing (see, for example, Form 12.993, Final Judgment of Modification of Parental Responsibility and Visitation). If the court rules in your favor, your proposed order usually will be signed at the hearing.

A person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Family Law Form 12.900, Disclosure from Nonlawyer, before they help you. Anyone helping you fill out these forms also mustput their name, address, and telephone number on the bottom of the last page of every form they help you fill out.

See part 3. (The actual Motion)

Re: child custody

Part 3

IN THE CIRCUIT COURT OF THE _________________________ JUDICIAL CIRCUIT, IN AND FOR ____________________ COUNTY, FLORIDA

Case No.: ____________________

Division: ____________________

___________________________________,

Petitioner

and

___________________________________,

Respondent.

___________________________________\

PETITION/REQUEST TO MODIFY/CHANGE PRIMARY

RESIDENCY/CUSTODY OF CHILDREN

This petition of [check one only] _____ Petitioner or _____ Respondent shows:

1. [check one only] _____ Petitioner or _____ Respondent has primary parental responsibility, including primary residential responsibility (custody). The last order granting primary parental responsibility in this case was entered (dated) by the court on {date} ____________________, 19_____. A copy of the order is attached.

2. My completed Uniform Child Custody Jurisdiction Act Affidavit (Family Law Form 12.901(f)) is also attached.

3. Since the last order granting primary parental responsibility was entered, there has been a substantial change in circumstances as follows (briefly list below the changes that have taken place since the last order granting primary parental responsibility and the reasons why you feel the primary parental responsibility in effect at this time should be changed -- if necessary, you may add additional sheets of paper): _____________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

4. A change in primary parental responsibility, including primary residential responsibility (custody), is in the best interest of my child(ren) for the following reason(s): __________

Re: child custody

Part 4

5. If I am granted primary parental responsibility, I will need, and [check one only]

_____ Petitioner or _____ Respondent (the other person in the case) has the ability to pay, reasonable child support.

WHEREFORE, I am asking that the court enter an order:

1. CUSTODY

Granting [check one only] _____ Petitioner or _____ Respondent primary parental responsibility, including primary residential responsibility (custody).

2. CHILD SUPPORT

Awarding child support to [check one only] _____ Petitioner or _____ Respondent.

(a) Amount [check one only]

___ Child support should be set by Florida's child support guidelines (see section 61.30, Florida Statutes).

___ Child support should NOT be set by Florida's child support guidelines (see section 61.30, Florida Statutes). The court should do this because:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

(b) Method of Payment: [check all which apply]

___ Directly to the person the court has ordered will be paid the support.

___ Payment will be through the central depository by the attached order (Family Law Form 12.991(a)).

___ Payment will be by income deduction order (Family Law Form 12.991(b)) which is attached.

(c) ___ Unusual or uninsured medical/dental expenses for the children be paid by:

[check one only] _____ Petitioner or _____ Respondent

or _____ Petitioner and Respondent each pay one- half.

(d) ___ Medical insurance [check one only] _____ is or_____ is not reasonably available to the [check oneonly] _____ petitioner or _____ respondent for the child(ren) and

[check one only] _____ petitioner or _____ respondent should be required to provide it.

(e) ___ Dental insurance [check one only] _____ is or_____ is not reasonably available to the [check oneonly] _____ petitioner or _____ respondent for the child(ren) and

[check one only] _____ petitioner or _____ respondent should be required to provide it.

(f) ___ Life insurance for the benefit of the children be provided by:

[check one only] _____ Petitioner _____ Respondent.

Re: child custody

Part 5

I CERTIFY THAT THE PETITION/REQUEST TO MODIFY/CHANGE PRIMARY RESPONSIBILITY/CUSTODY OF CHILDREN WAS:

(check one only) _____ mailed, _____ telefaxed and mailed, or _____ hand delivered to the person(s) listed below on {date} ____________________, 19_____.

Party or their attorney Other

(if represented)

Name __________________________ Name _________________________

Address _______________________ Address ______________________

_______________________________ ______________________________

City State Zip City State Zip

Telephone No. _________________ Telephone No. ________________

Telefax No. ___________________ Telefax No. __________________

DATED: ________________________

______________________________

Signature of party signing certificate and pleading

Printed name _________________

Address ______________________

______________________________

City State Zip

______________________________

Telephone (area code and number)

______________________________

Telefax (area code and number)

STATE OF FLORIDA

COUNTY OF {name} ______________

Sworn to (or affirmed) and subscribed before me on {date} ______________________________, 19 ___ by {name} ______________________________.

______________________________

NOTARY PUBLIC -- STATE OF FLORIDA

______________________________

[Print, type, or stamp commissioned name of notary]

[check one only]

_____ Personally known

_____ Produced identification Type of identification produced _____________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, {name of nonlawyer} ______________________________, a nonlawyer, located at {street} ______________________________ {city} ____________________ {state} __________, {phone} _______________, helped {name} ______________________________, who is the [check oneonly] _____ petitioner or _____ respondent, fill out this form.

This is the entire Supreme Court form. Good luck.

Scott R. Jay, Esq. 305-249-8000