Frequently Asked Questions
Family Court Self Help
What is a litigant? A person engaging in legal proceedings.
I need advice. Litigants must consult with an attorney to obtain legal advice. The court staff cannot provide legal counsel or give legal advice.
Can the court appoint me a lawyer? No. There are no court appointed lawyers for divorce, custody, child support, or other civil matters.
Who can give me legal advice? Courthouse staff cannot give legal advice. Contact the FL Bar Referral Service at 1-800-342-8011. You can schedule a half hour appointment with a local attorney for $25.00 through this service. At certain times of the year, the University of Florida Levin College of Law Advice Clinic is also available. Litigants must be income eligible and have their own means to travel to the UF Advice Clinic. Appear in person to sign the consent form to apply for the UF Advice Clinic in Room 400 of the Alachua County Courthouse.
Where do I get the self help packet/forms to fill out? Packets are only available for FAMILY COURT cases. In Alachua County, packets are available in the Murphree Law Library, Alachua County Courthouse, Room 413. In the Eighth Circuit regional counties, Baker, Bradford, Gilchrist, Levy and Union, packets can be obtained from the Clerk of the Court in the courthouse in the county in which you wish to file. Click here for complete list of Family Court packets available in the Eighth Circuit.
Can someone in the courthouse help me fill out my packet/forms? No. Court staff may not advise litigants nor fill out forms for litigants. Have a friend or relative work through the forms with you or hire an attorney or paralegal to do the forms for you. You may be eligible for certain types of assistance if you meet the requirements under the Americans with Disabilities Act.
Who is the Petitioner? Who is the Respondent? The person asking the court to do something is the Petitioner. The person answering the petition being filed is the Respondent.
What should my Motion say? The court staff cannot tell litigants what to write on their forms. Remember that you are representing yourself. The motion tells the judge what you want the Court to do and why you think the Court should do it. It is your responsibility to provide proof of your claims supported by evidence and applicable law. You should seek legal advice or counsel if you have a complicated case, even if you choose not to hire an attorney to go to court with you.
Other agencies: Contact the United Way Information & Referral (352) 332-4636.
Divorce
We are separated. I don't want a divorce. We have children. S/He wants to see them, but I won't allow that.
If you are married, both parents have equal "custody" rights to the children unless and until there is some court action to the contrary (such as a final judgment of dissolution of marriage - divorce).I want separation papers drawn up. Consult with an attorney. There is no legal separation in Florida, therefore we do not have a packet for legal separation.
Can I get a divorce without an attorney when there are children involved? Yes. Litigants with children can petition the court for divorce without an attorney. Packets and instructions for Alachua County are available in the law library. Packets and instructions for Baker, Bradford, Gilchrist, Levy or Union counties are available from the clerk of court.
How do I get a divorce? Obtain an attorney or file pro-se (without an attorney). To file pro-se in Alachua County, obtain the divorce packet from the Alachua County Law Library, follow the instructions in the packet. To file pro-se in Baker, Bradford, Gilchrist, Levy or Union counties, obtain the divorce packet from the Clerk of Court in the county where you wish to file.
What's the easiest way to get a divorce? If you don't have any children, have agreed on separating your property and debts, and your spouse is willing to go to the courthouse with you twice, then you may be able to file a Simplified Dissolution of Marriage.
We have no property; no debts; this isn't necessary; I just don't want the other person to see what I make. Do I/we HAVE to file the financial affidavit? YES. In ALL cases, Florida Law requires completion of financial affidavits for both parties.
I don't know where my spouse is! Can I still get a divorce? Yes. You will be required to go to great lengths to find your spouse. The court will expect you to provide proof showing you tried every possible way in attempting to locate your spouse. There are detailed forms in the packet for this type of situation which you will be required to follow.
I live in Baker County, but I want to file in Alachua County. As long as a litigant has been a resident in the state of Florida for six months, s/he can file for divorce in any county they wish. However, the other party may object that Alachua County is not the correct venue. Venue for a Dissolution of Marriage proceeding lies in the county in which the parties last lived as husband and wife or in which the parties own real property. Also, the judge in another county may have limited jurisdiction regarding child custody and property.
What's been filed in my case? Contact the Civil Clerk of Court where you filed by phone or visit the clerk in person during office hours for information about what is in your file.
My spouse won't acknowledge that I gave him/her the divorce forms. Have the Sheriff serve the papers. The clerk of court will assist you issuing the summons.
What is Service of Process?
When the Sheriff delivers the forms you have filed to the other party, then sends you proof that the other party received the forms. You must file the proof from the Sheriff in your case file. The other party has 20 days from the day after he or she was served to file an answer to your petition in writing.Do I have to have service of process? Not all cases require service of process. If the other party is willing to file an answer to your petition and a financial affidavit, he or she does not need to be served.
Does the Default period after Service of Process include weekends?
Yes. The respondent has 20 days from the date of delivery, which includes weekends and holidays in which to file his or her written answer.What if s/he files before the 20 days? Immediately move on to the next step in your case.
What if s/he does not file within the 20 days? File your proof of service and request a Default be entered.
When will my final hearing be? The Family Court staff does not have specific dates of when litigants hearings are scheduled. Hearings are set according to the Judge's schedule. Once you have completed the Notice that case is at Issue/Request for Hearing form and followed the instructions for filing, the date of the hearing will be mailed to you and the other party.
I requested a hearing in an Alachua County case, and have not gotten my notice in the mail. If the Notice that Action is at Issue/Request for Hearing form has already been filed, and it was filed over two weeks ago, contact the Clerk of the Court [(352) 374-3636)] to see if the notice is in your file. If you have filed the Notice that action is at Issue/Request for Hearing and it is not in your file, contact the Family Court Case Manager at (352) 374-3694.
I requested a hearing (Baker, Bradford, Gilchrist, Levy or Union County), and have not gotten my notice in the mail. Contact the Regional Family Court Case Manager at (352) 374-3665. Please leave your name, the county in which you filed and the case number on the voice mail.
We are getting back together. How do I get rid of this divorce case? File a Notice of Voluntary Dismissal.
Paternity
I don't want to marry my girlfriend, but she won't allow me visitation. Packets are available to Establish Paternity and/or Modify Paternity depending on whether or not paternity has already been established legally.
My child's mother/father has reappeared in my child's life. We were not married. What are my rights? The Family Court Case Management Program cannot advise litigants on their legal rights. Litigants can consult with an attorney or go to the Alachua County Law Library to read and research Paternity issues.
Parenting Education Courses
I took a Parenting Course somewhere else so I don't need to take it here. There are several Parent Education and Family Stabilization courses that have been approved by the Eighth Judicial Circuit Court. If a party attends a course that has been approved by the circuit court in another circuit, it is likely the judge will accept it.
I have had my kids for 16 years, I don't need to take the Parenting Education Course. I know how to be a parent! It is mandatory in the State of Florida for litigants to take a Parent Education and Family Stabilization course which is a four hour seminar. The course is to educate parents about how the divorce effects the child and how to help children handle the stress of divorce.
I live out of state (the other party is in Florida). Do I have to go to Florida for the Parenting Education Course? The Parent Education and Family Stabilization class has a seminar available via the internet. If you do not have access to the internet, your local library usually has internet access available to the public.
I took the parenting class, but my spouse refuses to. The other party will have to answer to the Judge.
I cannot afford the price of the required Parenting Education Course. If you have established indigency with the Clerk's office, obtain the Motion to Reduce Fee for Mandated Parenting Education Class and file it in your case.
Child Support
How can I reduce my child support? Hire an attorney or packets are available to Modify Child Support, and file the appropriate documents and send notice to the other party.
Why is the child support being taken out of my paycheck when the other parent gave me custody? If a Modification of Custody was not filed to inform the court of changes in the household, the court does not modify your case. After correctly filing the proper motion to modify custody, the court will hear the litigant's case and make changes as the court sees fit.
S/He is not paying his court ordered child support. What can I do? After correctly filing the proper motion to enforce, the case will be heard by the Judge.
I missed my Child Support hearing and now there is a warrant out for my arrest. For an Alachua County case, contact the office of the Child Support Hearing Officer at (352) 374-2270. For a case in Gilchrist or Levy Counties, call the office of the Child Support Hearing Officer at 486-5382; for a case in Baker, Bradford or Union Counties, call the office of the Child Support Hearing Officer at (904) 966-6319.
My child has turned 18, can I just stop paying child support? Child support payments do not stop automatically on the child's 18th birthday; the court must be petitioned to stop child support payments. Forms you can complete are available for this purpose in the Murphree Law Library.
Parental Responsibility and Custody
What is the difference between shared parental responsibility and sole parental responsibility? Shared parental responsibility is defined as "a court ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly". This means that each parent has input into the major decisions affecting the child's life and each parent has access to any and all school and/or medical records involving the child.
Sole parental responsibility is defined as "a court ordered relationship in which one parent makes decisions for the minor child", which means that the parent with sole parental responsibility is not required to consult with the other parent before making decisions regarding the child.
Regardless of whether shared or sole parental responsibility is granted, the Court will also determine which parent has the primary parental responsibilities and what the visitation of the other parent should be.
What do you call it when the parents equally share time with the child? Usually, one of the parent's home is designated as the primary physical residence of the child. In rotating custody or split custody, the child spends equal time with each parent on a schedule which the parents determine. The Court will review such arrangements to ensure that they are in the best interests of the child.
How do I make sure I get custody if we get a divorce?
Hire an attorney for legal counsel. Family Court staff cannot advise or tell you what you legally should or should not do.What can I do to change custody? After correctly filing the proper petition to modify custody, and proper notice, the case will be heard by the Judge.
Visitation
My ex-wife won't let me see the kids when it's their time to visit me. What can I do?
Consult an attorney for legal counsel or review the various motion packets available to see if it applies to your case.I am court ordered to pay child support, but I have no visitation rights. If the parties were not married, and the child support hearing officer ordered child support, a Modification of Paternity packet is available to have the court address visitation and/or custody issues. If the parents were married and have divorced, the case may be brought back to court to enforce visitation or to modify the existing order.
My boyfriend gave the children to his mother and now she won't let me have my children back. Call the police or Sheriff's Department for assistance.
My children went to my ex-spouse for their visitation. He left the state with them! How do I get them back? Contact local law enforcement for assistance if the court order has not been followed. Or if you know where your child has been taken, you will probably have to go to court there and show your Florida judgment giving you custody of your child.
I don't like my ex-spouses new boyfriend around my child. Consult with an attorney about your rights and your ex-spouses rights when they have the children. Packets to Modify Custody or Visitation are available if you want to ask the court to change the existing order.
We have moved and want our case here too. What should we do? If within Florida, contact the court which currently has jurisdiction and ask them about their procedures for a Change of Venue. If your motion to change venue is granted, the case can be moved.
Temporary Custody
My child is leaving for the military and wants me to take care of his/her child while he/she is in boot camp. I need a court order to enroll her in school, authorize medical care, etc.
Temporary Custody by Extended Family is when a family member takes over the custody of a child. This can be filed with or without an attorney. If you wish to file without an attorney, packets for the Temporary Custody by Extended Family are available.The school board zoning office said that in order to enroll my child in school, I have to get Temporary Custody. What do they mean? Temporary Custody by Extended Family gives the custody of your child over to a family member. For instance, if the child is living with the grandparents, in order to enroll the child in school, the grandparents would have to get temporary custody to do so.
Name ChangeI want to change my child's name. I cannot find the other parent. Can I still file a case?
Litigants can file the Name Change of a Minor packet . The Judge will decide whether to grant the motion or not since the father does have a right to notice. You will have to perform a diligent search for the other parent and publish your Notice of Action (from the clerk's office) in a local newspaper.My name is too long! Can I change it without an attorney? Name Change (without an attorney) packets are available.
Injunction for Protection Against Domestic Violence
My spouse is physically abusive toward me and I am afraid. What can I do? Peaceful Paths has victim advocacy programs. Contact Peaceful Paths at (352) 377-8255 or (800) 393-SAFE. Also, the Clerk of the Court in each county of the Eighth Judicial Circuit has petitions for protection against domestic violence you can complete and file.
A sheriff's deputy handed me papers. My spouse said I was harming him/her. I didn't do this! I want to see my kids. How do I do that? Attend the hearing as stated on the Temporary Injunction paperwork with which you were served. Tell your side to the Judge at the time of the hearing. Consult with an attorney if you have questions.
How far is too far? When is an argument more than just an argument or considered "domestic violence"? To learn more about the stages or what are usual symptoms of domestic violence, please call 377-8255 or (800) 393-SAFE. More information can also be found at
www.PeacefulPaths.orgMy spouse swears the abuse will never happen again. How do I get my injunction removed? At the office of the Clerk of the Court, litigants can file a motion to dismiss. Appearance at the hearing is required.
I just got served with this Injunction and it says I have to be at the hearing on Tuesday. I can't miss work. Do I have to go? Read the Injunction carefully because it tells litigants what will happen if they don't attend the hearing. The hearing will go on whether you attend or not.
JuvenilesWhat are the school attendance requirements in Florida?
Florida Statute 1003.21(1)(a)1 provides that all children who are 6 years old or who will be 6 years old by February 1 of any school year or who are older than 6 years of age but who are not yet 16 years old, with certain exceptions, are required to attend school regularly during the entire school term.Can my child drop out of school without my permission?
No, Florida Statute 1003.21(1)(c) requires that, once a child reaches the
age of 16, that child may file a formal declaration of intent to terminate
school enrollment with the district school board. The declaration must be signed
by the child and the child's parent or legal guardian.
Can I, as a parent, get into trouble if my child does not go to school and he
or she is under age 16?
Yes, Florida Statute 984.151 provides that the court can order a parent or
guardian to make sure that a student attends school. If the parent or guardian
violates that order, he or she can be found in contempt of court. Florida
Statute 1003.27(2)(a) states that the superintendent shall institute a criminal
prosecution against the child's parent when a child does not attend school and
there is no valid reason for nonattendance. Also, under Florida Statute 39.501,
the State can file a dependency petition against a parent or guardian based on
neglect if their child does not attend school as required.
What can I do if my child refuses to go to school? You have several options including calling your School Board's attendance officers, calling law enforcement, or calling the Family Action program of the Corner Drug Store in Gainesville.
What can I do if my child is running away or threatening to run away? One option is to contact the Corner Drug Store for assistance from one of their non-residential programs or to contact their Interface residential shelter. If you feel your child needs further information about what it means to live independently, your child may benefit from talking to Gator TeamChild where his or her rights and responsibilities can be explained. You can also call law enforcement for assistance.
What can I do if my child refuses to follow my rules and is ungovernable? Various groups can provide counseling for you and your child. One option is to contact the Corner Drug Store for assistance. They can meet with you and your child to explore possible choices. If your child does not abide by the plan that is set up, a Petition for Child in Need of Services may be filed and the court may order your child to follow the plan.
What can I do if my child becomes violent? You have several options. If you or someone else is in danger of being hurt by your child, it would be best to call law enforcement for help. This is important for your child's safety as well as the safety of those around your child. Other options include calling the Corner Drug Store for assistance from one of their non-residential programs or to contact their Interface residential shelter if you feel you and your child would benefit from some time apart.
My child (broke the law) has to do community service/see a counselor, etc. Who do I call? The Department of Juvenile Justice in your county. The number for the Circuit 8 Juvenile Probation and Community Corrections is (386) 418-5257.
Child Abuse
What do I do if I think that a child is being abused? If you suspect that a child is being abused, neglected or abandoned by their parent or caretaker, call the Florida Abuse Registry at 1-800-962-2873.
My children have been taken from me by the state and I have been accused of neglecting them. What do I do now? Florida statutes mandate that a court hearing is held within 24 hours of a child being removed from his/her parents. This is called a "shelter hearing"; parents will be appointed a lawyer at this hearing, so it is important to attend the hearing, and follow the advice of the lawyer. Another option is to call the protective investigations unit of the Department of Children and Families in your county. For Alachua County the number is 955-5169; for Gilchrist and Levy Counties the number is 463-3110. For Bradford and Union Counties the number is (904) 964-1515. For Baker County the number is (904) 573-4920.
At what age is it legal to leave a child home alone? There is no minimum age established by law. Whether a child can be left alone depends on a number of factors, including: the child's maturity; the safety of the environment they are in; how long they are left alone; whether or not they can get in touch with their parent or caregiver; and whether or not they know what to do in case of an emergency. Leaving a child alone can constitute neglect on the part of a parent or caregiver if the child could be in any danger of harm.
My children have been in foster care for over a year and I want to talk to someone about my case. Who should I call? The Department of Children and Families in your county. The number for Alachua County is 955-5168; for Gilchrist and Levy Counties the number is 463-3110; for Bradford and Union Counties the number is (904) 964-1515; for Baker County the number is (904) 573-4920.