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Asked and Answered
~ Child Custody ~

How do I find a form for custody/visitation?

I'm already paying child support, how can I make sure that I can actually visit with my daughter? My ex lets me sometimes, and sometimes she just tells me no. I miss my daughter and want to make sure I can see her regularly. Isn't there a form I can file that will make sure I can see her? I was never married to my ex.

Answer: Forms 

Forms for pro se litigants are available in several places online, at your local law library, or from the courthouse. Many of the Florida family law forms for pro se litigants are also available on this website.

Many of the forms are frequently updated, so make sure you have the most recent version of each form, regardless of where you finally get the forms. The Florida Supreme Court's site is www.flcourts.org. All of the forms there are free downloads. You can purchase some of the forms here on our site; and some of the forms are free downloads too.

FALDP has enhanced some of the forms so that they are PDF fillable. Please explore our site. If you still can't find the forms that you need, fill out one of the contact forms and one of our staff members will try to assist.

How do you define a material change in circumstance in custody arrangement?

I'm confused. I'm trying to find out exactly what this means: "a material change in circumstance" because I want to see about changing my daughter's custody. I think she should be with me, but I don't know what that material change in circumstance means, and nobody will tell me. I asked the clerk of court, and she said that I had to get an attorney. I don't have money for an attorney. Isn't there just a definition for that? Thank you.

Answer: Changed Circumstances

At first it seems that defining "a material change in circumstance" is easy. It seems like we should know automatically what that means, but we don't. We can't know without finding out how the court defines that phrase. 

We are not attorneys and do not provide legal advice. We provide information and hope that you will use the information we provide as a starting point for your continuing research.

Please click here to find a discussion of the definition of material change in custody cases:


Quoting from that page:

In Florida law, ... there are specific circumstances which must exist in order to modify child custody. There is a bias toward upholding the original custody order and it is not to be modified unless these specific factors are present. First, the basis for modification of child custody must be due to a substantial change in circumstances that was unforeseen at the time of the original order. Second the change in circumstances must be material, and substantial. The movant is held to an extraordinary burden of proof supporting his claims of the change in circumstances. Third, only after the extraordinary burden of proof, that there has been a substantial and material change in circumstances, has been met, may the court decide whether a custody modification is in the best interests of the child. 
Absent a finding that the change in circumstances has in fact been substantial and material, a modification of custody is not warranted.


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