To file for full custody in Florida, you file a petition in the circuit court asking the judge to grant you “sole parental responsibility,” the legal term for one parent holding all major decision-making authority over a child. Florida starts every case with a presumption that both parents will share that authority, so you have to prove that sharing it would be detrimental to your child. The process runs through a specific sequence of forms, a mandatory parenting course, service on the other parent, financial disclosure, and mediation before a judge rules.
What You’re Actually Asking the Court For
Sole parental responsibility means one parent alone decides non-emergency healthcare, education, religious upbringing, and extracurricular activities for the child.1Florida Senate. Florida Code 61.046 – Definitions It is not the same as cutting the other parent out of the child’s life. Even when sole responsibility is granted, the other parent almost always keeps a court-ordered time-sharing schedule. If you want zero contact, you are asking for sole responsibility plus no time-sharing, which is a much higher bar.
Florida Statute 61.13 requires judges to order shared parental responsibility unless they specifically find it would be detrimental to the child.2Florida Senate. Florida Code 61.13 – Support of Children; Parental Responsibility for Minor Children “Detrimental” is a stronger word than “not ideal.” The court is not asking whether your plan would be better; it is asking whether sharing authority would cause harm. You carry the burden of proving it.
The factors that support a detriment finding include:
- Evidence that the other parent has committed domestic violence as defined under Florida Statute 741.28.
- Reasonable cause to believe the child or either parent faces imminent risk of domestic or sexual violence from the other parent.
- Reasonable cause to believe the child faces imminent danger of abuse, abandonment, or neglect.
- Any other relevant circumstances specific to the case.
Vague claims that the other parent is “unfit” rarely succeed. What moves a judge is documentation: police reports, protective orders, medical records, text messages or emails showing threats, witness testimony, and Department of Children and Families records. The statute also directs courts to consider whether a parent has knowingly made false claims about domestic violence, so overstating or inventing allegations can backfire.3Florida Legislature. Florida Code 61.13 – Support of Children; Parental Responsibility for Minor Children
The Forms You Need
Which petition you file depends on whether you were married to the other parent. Married parents use the Petition for Dissolution of Marriage with Dependent or Minor Children, Form 12.901(b)(1).4Florida Courts. Petition for Dissolution of Marriage with Dependent or Minor Children Unmarried parents file a Petition to Determine Paternity and for Related Relief. Both are available on the Florida Courts website and from the clerk of court in your county.5Florida State Courts. Family Law Forms
Along with the petition, you need:
- UCCJEA Affidavit (Form 12.902(d)), listing where the child has lived for the past five years and any other custody proceedings.6Florida State Courts System. Instructions for Florida Family Law Form 12.902(d) – UCCJEA Affidavit
- A Financial Affidavit: Form 12.902(b) if your gross annual income is under $50,000, or Form 12.902(c) if it is $50,000 or more.
- A Child Support Guidelines Worksheet, which calculates support based on both parents’ incomes and time-sharing.
- A proposed Parenting Plan.
Writing the Parenting Plan
Every custody petition in Florida must include a proposed parenting plan, and when you are asking for sole parental responsibility, this is where you spell out what you want and why. The plan should state clearly that you are seeking sole decision-making authority and tie that request to the detriment the child would face under a shared arrangement.
Florida law requires the plan to include, at minimum:
- How each parent will handle the daily tasks of raising the child.
- A detailed time-sharing schedule.
- Which parent is responsible for healthcare, school, and extracurricular decisions.
- How each parent will communicate with the child when the child is with the other parent.
Even in a sole-responsibility request, address time-sharing. Unless you have strong evidence to justify no contact, propose a schedule that gives the other parent some time. Judges weigh whether each parent supports the child’s relationship with the other, and a plan that writes the other parent out without justification can hurt you.3Florida Legislature. Florida Code 61.13 – Support of Children; Parental Responsibility for Minor Children
The Parent Education Course
Both parents must complete a state-approved Parent Education and Family Stabilization Course. It applies in divorce cases with children and in paternity actions that raise parental responsibility issues.7Florida Senate. Florida Code 61.21 – Parenting Course Authorized; Fees
Deadlines are tight. If you file the petition, you must complete the course within 45 days of filing. The other parent has 45 days from the date they are served. Both parents must file proof of completion before the court enters a final judgment. A judge can excuse the deadline for good cause, but skipping the course entirely can lead to contempt or loss of time-sharing rights.7Florida Senate. Florida Code 61.21 – Parenting Course Authorized; Fees
Providers must be approved by the Department of Children and Families, and each judicial circuit keeps a list. Internet and correspondence options are available statewide, and courses typically run $25 to $85.
Filing and Paying Fees
File your documents with the clerk of the circuit court in the Florida county where your child lives. Attorneys file electronically through the statewide e-filing portal. Self-represented parents can file electronically or in person at the clerk’s office.
Florida’s base filing fee for family law cases is set by statute at up to $299, which combines a $295 base fee with a $4 court education surcharge, and clerks may add local charges.8Florida Legislature. Florida Code 28.241 – Filing Fees for Trial Courts In practice, a dissolution of marriage runs about $400 to $410 and a paternity action about $300. Ask your clerk for the exact amount before filing.
If you cannot afford the fee, submit an Application for Determination of Civil Indigent Status. The form documents your income, assets, and debts, and a judge decides whether to waive your court costs.
Serving the Other Parent
After filing, you must formally deliver copies of the petition and supporting documents to the other parent through service of process. Florida law requires a sheriff’s deputy or certified process server to handle delivery. You cannot serve the papers yourself.9Florida Senate. Florida Code 48.021 – Process; By Whom Served
Service through the sheriff’s office in the county where the other parent can be found is the standard route. The statutory fee is $40 per summons or writ served, and you can arrange it through the clerk’s office when you file. A certified private process server costs more but can be more flexible about scheduling or locating a hard-to-find parent. Whoever serves the papers files a Return of Service affidavit with the court as proof of delivery.
What Happens After Service
Once served, the other parent has 20 days to file a written response. Their answer may agree or disagree with your claims and may include a counter-petition.
Financial Disclosure
Within 45 days of service, both parties must exchange financial documents under Florida’s mandatory disclosure rules. This applies in every family law case whether or not anyone requests the information. Required items include a financial affidavit, the last three years of federal and state tax returns, recent W-2s and 1099s, and pay stubs from the three months before the financial affidavit was filed.10Florida Courts. Florida Family Law Rule 12.285 – Mandatory Disclosure Start gathering these before you file.
Mediation
Florida courts require parents to attend mediation before a judge hears a contested custody case. A neutral mediator helps you and the other parent try to agree on parental responsibility and time-sharing. The mediator does not decide anything; the goal is a settlement both of you can live with.11Florida Courts. Mediation Statements made during mediation are confidential and cannot be used against you later. A full agreement can be approved by the court without a trial. If mediation fails, the case moves toward a hearing.
Temporary Orders
Custody cases often take months. If you need decision-making authority or a time-sharing schedule in place before the final judgment, request a temporary orders hearing. The judge will hear from both sides and issue a ruling based on the child’s best interests. That order stays in effect until the case resolves or the court changes it.
Guardian Ad Litem
In contested cases, the court may appoint a guardian ad litem to investigate what arrangement serves the child best. The guardian can review school and medical records, interview parents, observe the child’s living conditions, and request psychological evaluations. Their recommendations carry significant weight with judges. Cooperate fully. Stonewalling the investigator almost always hurts the uncooperative parent.
If One Parent Is in the Military
Under the Servicemembers Civil Relief Act, a deployed service member can request a stay of at least 90 days in a custody case if military duties prevent a court appearance, backed by a letter from the service member and one from the commanding officer confirming leave is not authorized. Federal law also prohibits courts from treating a parent’s military deployment as the sole reason to change custody, and any temporary order based on deployment must expire by the end of the deployment.12Office of the Law Revision Counsel. 50 USC 3938 – Child Custody Protection If deployment is the main thing you plan to point to, it will not get you sole responsibility on its own.