Legal Question in Family Law in Florida
What forms need to be filed in the State of Florida, to petition for residential custody and to have the matter heard in front of a judge and not a magistrate?
1 Answer from Attorneys
I'll assume you're talking about unmarried parties. The form to file to determine the timeshare (custody and visitation) and child support rights between unmarried parties is a petition for paternity. There are other forms that must be filed along with the petition. All of the forms can be found at flcourts.org. The rules for determining whether a judge or a magistrate will hear the case depends on the county. In some counties, it's simply up to the judge. In other counties, there are forms available at the clerk's office or online which allow either of the parties to object if the case gets transferred to the magistrate. You should speak with a local lawyer to learn more.