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How to File a Motion to Enforce Custody Orders in Florida

Filing a motion to enforce custody orders in Florida ensures both parents follow the court’s custody agreement. Here’s how:

When to File: If the other parent violates the custody order (e.g., denies visitation, fails to return the child on time, or makes major decisions without consent).
Documents Needed: Certified custody order, Form 12.960, proof of service, financial affidavit (if seeking reimbursement), and notice of hearing.
Filing Process: Submit your motion to the court that issued the custody order. Pay fees (or request a fee waiver) and notify the other parent via certified process server or sheriff.
Court Hearing: Present evidence of violations, explain how they impact the child, and follow court procedures.

For more help, consult a family law attorney to strengthen your case and navigate the legal process.

Family Law custody: Motion to enforce Part 1 with Hearing

Required Documents

Having the right paperwork and completing forms correctly is essential when enforcing a custody order.

Key Documents to Collect

To file a motion to enforce custody orders in Florida, you’ll need the following:

A certified copy of the custody order
Form 12.960 (Motion for Civil Contempt/Enforcement)
A court-issued notice of hearing
Proof of service
A financial affidavit (if you’re seeking reimbursement for fees or costs)
A certificate of service

Make sure to keep copies of everything for your own records. Depending on your local court and the specifics of your case, additional forms might also be required. Once your paperwork is ready, ensure you’ve also compiled a detailed record of any violations.

Tracking Violations

Keep a detailed log of every instance where the custody order wasn’t followed. Include dates, times, and descriptions of each incident. Highlight specific examples to clearly show how the order was violated.

Completing Form 12.960

Form 12.960 is the official document used in Florida to file motions for civil contempt or to enforce custody orders. Here’s how to fill it out:

Case Information
- Enter the court circuit, case number, and the names of all parties exactly as they appear on the original custody order.
Details of the Motion
- Clearly state which parts of the custody order were violated.
- Include specific dates and details for each violation.
- Specify what type of relief or action you’re asking the court to take.
Sign and Notarize
- Sign the form in front of a notary.
- Provide your current contact information and attach any required exhibits.

Double-check all your paperwork before submitting it to ensure everything is accurate and complete.

Filing Steps

After getting your documents ready, the next step is to file your motion with the court and make sure the other parent is properly notified.

Selecting Your Court

File your motion with the court that issued the original custody order. If the custody order was issued in another state but registered in Florida, file with the circuit court in the county where you or your child currently lives.

You can file your motion at the clerk’s office. Many Florida circuit courts now allow e-filing through the Florida Courts E-Filing Portal, but you can also file in person. Bring the original documents and two copies: one for the court and one for service. After filing, check the court’s fees and costs.

Court Costs

The filing fees depend on the county, and common costs include:

Cost Type	Typical Cost Range
Filing Fee	$40 – $85
Service of Process	$20 – $40
Certified Copies	$1 – $3 per page
E-Filing Portal Fee	$3 per filing

If you can’t afford the fees, you can request a fee waiver by submitting an Application for Determination of Civil Indigent Status at the clerk’s office. This application requires details about your income, assets, and expenses. The clerk will review your request and decide if you qualify for a waiver. Once this is handled, proceed to the notice requirements.

Notice Requirements

After filing your motion, you must notify the other parent according to Florida law. Here’s how:

Use a certified process server or a sheriff’s deputy to deliver the documents.
Include all required documents, such as your motion, notice of hearing, and any supporting court papers.
Service must be completed at least 20 days before the hearing date.
The person serving the documents must file proof of service with the court.

If the other parent has an attorney, service can be made to the attorney. For attorneys, electronic service through the e-filing portal is acceptable. However, this option is not available for unrepresented parties.

Keep copies of all service-related documents and proof of delivery. Following these steps ensures your motion is properly filed and moves forward in court.

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Court Process

What to Expect at Court

When you appear in court, the judge will review your motion along with any evidence you provide for each alleged violation. It’s important to present your case clearly and stick to the facts. Stay calm and composed throughout the proceedings, as this can make a strong impression. Once your case is heard, the judge will determine the outcome based on Florida’s legal standards.

Court Decisions

Florida judges make decisions with the child’s best interests as the top priority when dealing with custody enforcement cases. They have the authority to take various actions depending on the specifics of your situation. If criminal contempt charges lead to an arrest, remember to cooperate, ask for a defense attorney right away, and avoid speaking until your lawyer is present.

If you’re feeling uncertain about the process, Law Firm Ocala is available to assist. They can help you prepare your case, gather the right evidence, and represent you during enforcement hearings.

Legal Help

Navigating custody enforcement in Florida can be challenging. Having an experienced attorney on your side can greatly improve your chances of success.

Attorney Services

Family law attorneys play a key role in simplifying the enforcement process. They can assist with:

Preparing and properly filing Form 12.960 along with supporting evidence
Building a strong case and gathering necessary evidence
Representing you professionally in court
Advising on court procedures and meeting important deadlines

Law Firm Ocala Services

Law Firm Ocala focuses on Florida family law, including custody enforcement. Their offerings include:

Free initial consultations to assess your case
Tailored legal strategies designed for your specific situation
Multilingual support, including Spanish-speaking services (Se Habla Español)
In-depth experience with Central Florida courts

Their attorneys work closely with clients throughout the process, prioritizing the well-being of children. With extensive knowledge of Florida family law, they aim to present strong cases in court and help achieve favorable outcomes.

Summary

To enforce custody orders in Florida, you need to follow specific steps and provide detailed documentation.

Key Documentation to Prepare:

Fill out the necessary forms, such as Form 12.960, as directed.
Attach copies of the existing custody order.
Record any violations, including dates and details of the incidents.
Keep communication records that might support your case.

Filing Process:

Submit your motion to the court that issued the original custody order.
Pay the required filing fees.
Notify all involved parties appropriately.

In Court:

Attend all scheduled hearings without fail.
Present clear evidence of custody order violations.
Explain how these violations have affected your child.
Adhere to the court’s procedures during the process.

Act quickly to file your motion, as the court process includes time for scheduling hearings and ensuring proper service of notice. For more challenging cases, reach out to experienced family law attorneys, like those at Law Firm Ocala, for tailored legal advice.