Family Court-FAQ’s

Things you need to know before filing legal papers

Court staff and employees of the Clerk of Court’s Office cannot give legal advice or help you fill out forms. Please do not ask. When you act as your own lawyer, you are held to the same standards as an attorney. Many petitions and forms come with detailed instructions. Take time to thoroughly read and understand them before filing legal papers. You must read and understand the applicable rules of procedure that apply in your case and you must be familiar with the controlling legal principles. It is YOUR job to find out what these are. Your rights could be seriously jeopardized if you commit legal malpractice in your own case. Consider consulting with an attorney who is a member of The Florida Bar.

It is YOUR responsibility to select the right forms and to properly complete them. Individual forms and packages of forms for certain types of proceedings are available from the Clerk of Court for a fee. Forms also may be obtained online at www.flcourts.gov

If you believe you have selected the correct papers to file with the Clerk, you may do so. However, if you have chosen the wrong papers or they are incomplete, your case may be dismissed or delayed. Take the time to do it right. No action will be taken on your case until the correct papers are provided.

The law requires certain petitions and motions to be served on the opposing party by use of a process server or a Deputy Sheriff. Failure to do so may prevent your case from going forward. YOU must determine when personal service of a paper is required. The clerk will refer you to the form (called a summons) which must accompany petitions and motions required to be served on a party.

Remember, all motions and many other legal documents must contain a certificate of service showing copies sent to the opposing parties or their attorney.

If you are defending a case, failure to file the correct response with the clerk may result in a default, which can keep you from contesting the matter in the future – forever.

Court Staff screen all out-of-court communications between you and the judge. Judges may not see your letters, notes, e-mails or phone messages if they do not meet legal standards or if they contain inappropriate information. Court staff will make every effort to answer important questions about your case.

Failure to appear in court for a hearing or trial may result in the other side getting whatever they request, including dismissal of the action or a default against the defending party. If you receive a summons or notice of hearing do not ignore them.

YOUR CASE IS AN OPEN BOOK. With few exceptions, all papers filed for or against you in a Florida court are public record. They may be examined by members of the public, prospective employers and the press. Papers sent to the judge are filed in the clerk’s public record case file.

Q: Where do I find the forms I need?

Forms are available online on this website and in the Self-Help section of the Florida State Courts website at: https://tinyurl.com/FamLawFrms

Additionally, forms are located in the clerks’ offices for a fee.

Q: When is my hearing?

Cases are reviewed by the case managers once they have been filed with the clerk of courts. If the case is ready for a hearing, it is set on the first available docket and parties are notified by mail/emailed.

Q: What are Status Conferences and Case Management Conferences?

These are short hearings before the judge/magistrate so that the court can:

Identify any additional documents that need to be filed; identify any conflicting issues;

Possibly refer the litigants to mediation to attempt to resolve the contested issues; estimate the number of witnesses, if any, each party will call upon to testify at the final hearing;

Set a final hearing or trial date.

Q: Why am I being required to take a parenting class?

Florida Statute §61.21(4) requires that all parties to a dissolution of marriage with children or a paternity action that involves issues of parental responsibility are required to complete a parenting course before a Final Judgment is entered.

Q: What should I do if I need an interpreter for my hearing?

If you need a foreign language interpreter to fully participate in your hearing, the Court does not provide a foreign language interpreter free of charge for family law cases. You need to provide a Certified Court Interpreter.

Please visit: https://tinyurl.com/CrtIntFL

Q: How much are the filing fees?

Questions regarding filing fees should be directed to the clerk’s office in the county of your case.

Q: Why do minors/children have to get fingerprints?

Florida Statute 68.07 Change of name

ORI NUMBER:

The ORI number (Originating Agency Identifier). This number is provided by FDLE and identifies the agency requesting the criminal history check and for what purpose.

ORI number for Fingerprinting: FL923570Z

Q: I need to speak to the judge or magistrate about my case–how do I contact their office?

Judges and magistrates are not permitted to speak to parties about their case outside of the courtroom. If you have an issue you need addressed by the court, you must file a proper pleading and, if appropriate, a hearing will be scheduled.

Q: What is a magistrate?

A magistrate is an attorney who hears cases referred by a judge and acts in a quasi-judicial capacity. The magistrate hears the cases and provides recommendations to the judge. An Order of Referral is sent to all parties of a case before the case is heard by the magistrate, and the parties must agree that the magistrate can hear the case. After the General Magistrate enters the Findings and Recommendations, the Circuit Judge signs the Order immediately. There is no waiting period. If a litigant wishes to contest the Hearing Officer’s findings, a Motion to Vacate must be filed within ten (10) days after the Judge enters the Order approving the Hearing Officer’s findings. The party filing the Motion to Vacate must obtain a copy of the digital recording of the hearing and have it transcribed by an approved court reporter or transcriptionist. The transcript must then be filed with the Court.

Q: What is a Hearing Officer?

A Hearing Officer is a judicial officer appointed to hear child support. The officer has limited jurisdiction to address cases where parties seek to establish, enforce, or modify child support obligations. Parties may not object to the Hearing Officer. After a Hearing Officer enters the Findings and Recommendations, the Circuit Judge signs the Order immediately. There is no waiting period. If a litigant wishes to contest the Hearing Officer’s findings, a Motion to Vacate must be filed within ten (10) days after the Judge enters the Order approving the Hearing Officer’s findings. The party filing the Motion to Vacate must obtain a copy of the digital recording of the hearing and have it transcribed by an approved court reporter or transcriptionist. The transcript must then be filed with the Court.

Q: What should I bring to court and what am I supposed to do?

Dress appropriately for court and be on time for your hearing.

Both parties should attend scheduled hearings.

Remain calm and speak directly to the judge or the magistrate.

Listen to the judge or the magistrate and do not interrupt someone when they are speaking – each party will have time to speak.

The court can only hear matters that have been properly filed and are scheduled for hearing, so stay focused on the issues that are in the pleading and scheduled for that hearing

Do not bring your children to court with you unless you have been ordered by the judge to have the children present. If you bring your children you will need to have someone who can supervise them outside of the courtroom while your case is being heard.

Bring your valid Florida Driver’s License, and or valid Florida Identification Card with you.

Bring any documents you think may be necessary for your case depending on the issues that have been identified in the petition or motion (such as receipts, bills, proof of real estate, copies of checks, etc.–see Chapter 90 “Evidence Code” Florida Statutes for more information).

Know what you want before the hearing and be able to explain to the judge or magistrate why it is you want it.

Ask questions if you do not understand what is going on–you should leave the hearing knowing what happened.

Q: How does the Court calculate child support?

There are a number of factors that could affect the amount of child support that is ordered, but generally child support is calculated based on guidelines provided in §61.30 Florida Statutes.

Please note parties cannot waive child support.

Q: I have a Final Judgment/Order directing the other party to pay child support, participate in time sharing, etc. The other party has not done this–what should I do?

If you believe that the other party has not complied with what was ordered and you are seeking relief, you must file a proper pleading with the clerk’s office. The pleading will be scheduled for a hearing before a judge or magistrate. It is your responsibility to provide proof or evidence that the other party has not complied with the Order.

Florida Courts Help is your guide to direct you through the court system. Here you will find information about local self-help centers, free and low-cost legal aid, and family law forms.

The help site can be found here: https://help.flcourts.gov/

Please note: The information provided through the self-help app or the website is NOT legal advice and should not be considered as such. If you have a question about a specific issue, or do not understand the information presented, please contact an attorney.

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