To file a motion for temporary custody in Florida, you prepare a Motion for Temporary Relief along with the child-related forms Florida requires in every family case, file everything with the Clerk of Court in the county where your divorce or paternity case is pending, have the other parent formally served, and appear at a short hearing where a judge sets a temporary parenting arrangement based on the child’s best interests. Florida no longer uses the word “custody” in its statutes, so the order you are actually asking for governs “parental responsibility” (decision-making) and “timesharing” (the schedule).1The Florida Legislature. Florida Statutes 61.046 – Definitions
Know What You Are Actually Asking For
Two terms shape the motion. “Shared parental responsibility” means both parents keep full rights and make major decisions together. “Sole parental responsibility” means one parent makes those decisions alone. Timesharing is the schedule itself.
Since 2023, Florida law starts with a rebuttable presumption that equal timesharing is in the child’s best interests.2Florida Senate. Florida Code 61.13 – Support of Children; Parenting and Time-Sharing; Powers of Court The presumption applies to temporary orders too. If you want something other than a roughly 50/50 split, you carry the burden of showing why equal time will not work, and your motion and proposed parenting plan need to reflect that from the first draft.
Standard Motion or Emergency Motion
Which path you file matters, because they move through the court very differently.
Standard Motion for Temporary Relief
This is the usual route. You file at the start of or during a pending divorce or paternity case to lock in a timesharing schedule and decision-making arrangement until final judgment. No emergency is required. The court sets a hearing, both parents appear, and the judge issues a temporary order.
Emergency Ex Parte Motion
An emergency motion asks the judge to act immediately without notice to the other parent. Florida courts reserve this for situations where a child faces an immediate threat of harm and waiting for a regular hearing would put the child at risk. Typical grounds include credible evidence of physical abuse, active substance use that is endangering the child, or a real risk that the other parent will flee the state with the child.
Because ex parte orders are issued without hearing from the other side, judges grant them reluctantly. The motion has to explain specifically why giving the other parent advance notice is not practical or safe. If the judge grants the order, you must serve the other parent with the order and supporting documents right away, and the court will set a full hearing where both sides can be heard.
Documents You Need to Prepare
Florida family courts use standardized forms approved by the Florida Supreme Court. Getting them right before you file avoids rejected filings and delays.
- Motion for Temporary Relief. The core document. It states what temporary arrangement you want and why that arrangement serves the child’s best interests. Be specific. Vague requests give the judge nothing to rule on.
- UCCJEA Affidavit (Form 12.902(d)). Required in every case involving children, even if timesharing is not disputed. You list every address the child has lived at over the past five years, identify each person the child has lived with, and disclose any other custody-related cases involving the child in any state. It confirms Florida’s jurisdiction and prevents conflicting orders from different courts.3Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(d)
- Proposed Parenting Plan (Form 12.995(a) or 12.995(b)). Florida requires a parenting plan in every case involving children. Your proposed plan describes how the parents will handle daily responsibilities, lays out a specific timesharing schedule, designates which parent handles health care decisions, school matters, and other activities, and explains how you will communicate with the child when the child is with the other parent. Use Form 12.995(b), the safety-focused version, if there are safety concerns.2Florida Senate. Florida Code 61.13 – Support of Children; Parenting and Time-Sharing; Powers of Court
- Financial Affidavit. Required if you are also asking for temporary child support or if finances are otherwise at issue. It details your income, expenses, assets, and debts.
Filing With the Clerk
File your completed forms with the Clerk of Court in the county where the case is pending.4Florida Courts Help. Filing Your Forms Florida runs an electronic filing portal that lets you upload documents and pay fees online.5Florida Courts E-Filing Authority. Florida Courts E-Filing Portal You can also file in person at the clerk’s office.
There is a court fee. The amount depends on whether you are filing an initial petition or a motion within an existing case, so check with your local clerk for current figures. If you cannot afford the fee, apply for a determination of civil indigent status. The application asks for your income, assets, and liabilities, and if approved, filing and summons fees are waived.6Florida Courts. Application for Determination of Civil Indigent Status Providing false information on that application is a first-degree misdemeanor.
Serving the Other Parent
After filing, you must formally deliver copies of everything to the other parent through service of process. Florida law requires a sheriff or certified process server to handle it. You cannot serve the papers yourself.7The Florida Legislature. Florida Statutes Chapter 48 – Process and Service of Process The server records the date, time, and manner of service on a return-of-service form, which is then filed with the court.
If your motion accompanies an initial petition, the other parent generally has 20 days from service to file a written response. If the motion is filed inside an already-open case, the court sets a hearing and the other parent gets notice of that date. Either way, defective service creates real problems: without proof the other parent was properly served, the court can delay or dismiss your motion.
Professional process servers typically charge between $40 and $75 for straightforward local service. Fees climb if the other parent is hard to locate.
The Hearing
The court sets a hearing after the motion is filed and service is complete. Temporary relief hearings tend to be short, often 15 to 30 minutes, so preparation matters. Judges have limited time and are making a provisional decision, not a final one. They want focused arguments, not exhaustive testimony.
Bring copies of every document you filed. Organize your supporting evidence, including text messages, photos, emails, school records, and medical records, and be ready to explain how each item connects to the child’s best interests. Keep witnesses to a minimum, and make sure each one offers something the documents alone cannot show. Expect the other parent or their attorney to argue against your proposed arrangement.
At the end of the hearing, the judge usually rules from the bench or issues a written order shortly after. That order remains in effect until the court enters a final judgment or issues a new order replacing it.
How the Judge Decides
Every temporary custody decision in Florida turns on one question: what arrangement best serves the child’s welfare and stability? Section 61.13(3) tells the court to weigh all relevant factors, including the emotional bond between the child and each parent, each parent’s ability and willingness to provide food, clothing, medical care, and a stable home, how long the child has lived in a stable environment, each parent’s willingness to encourage a close relationship with the other parent, any evidence of domestic violence, sexual violence, child abuse, or child neglect, the child’s developmental needs, the child’s preference if the child is old and mature enough, and each parent’s physical health, mental health, and moral fitness.2Florida Senate. Florida Code 61.13 – Support of Children; Parenting and Time-Sharing; Powers of Court
Judges pay real attention to the willingness-to-co-parent factor. A parent who badmouths the other or blocks communication hurts their own case. And remember the equal timesharing presumption: the judge starts from the position that splitting time equally is best. If you are asking for more than equal time, you need to tie your request to specific factors on this list. Concrete evidence works. Vague claims that you are “the better parent” do not.
How Long the Temporary Order Lasts
A temporary order stays in force until the court enters a final judgment or issues a new order replacing it. In a divorce, the temporary arrangement can govern for a few months or well over a year, depending on how contested the case is. It is a fully enforceable court order from the moment it takes effect, not a guideline.
If circumstances change significantly before final judgment, such as a parent relocating, losing a job, or a new safety concern arising, either parent can file a motion to modify the temporary order. You will need to show why the current arrangement no longer serves the child’s best interests and what change you want.
If Either Parent Violates the Order
Ignoring a temporary custody order is one of the fastest ways to damage your position in a family case. The parent who follows the order is almost always in a stronger position at final judgment.
If the other parent violates the order by refusing to return the child on time, blocking your scheduled timesharing, or making unilateral decisions about school enrollment or similar matters, you can file a motion for contempt. The court holds a hearing where the violating parent must explain their conduct. If the judge finds contempt, penalties can include fines, compensatory timesharing to make up for missed visits, modification of the parenting plan, and in serious cases, jail time. Repeated or egregious violations can also shift primary timesharing at final judgment.
Document violations as they happen. Save text messages, keep a log with dates and times, and note any witnesses. A clear evidentiary record carries far more weight at a hearing than verbal accusations.