Florida Custody Hearing: What to Expect and How to Prepare as a Grandparent

Scheduling the Hearing

Filing your petition does not automatically put you on the court's calendar. You need to take a separate step to get a hearing date.

Contact the Judicial Assistant (JA) assigned to your case's division. The JA is the judge's scheduling coordinator — they set hearing dates, manage the calendar, and can tell you the judge's specific procedural requirements. You can usually find the JA's phone number and email on your county's circuit court website under the family division listings.

In some counties, you file a formal Request for Hearing form. In others, you call or email the JA directly. Either way, you must provide:

• Your case number (assigned when you filed the petition)
• How much hearing time to request; ask the Judicial Assistant what to reserve for your type of hearing
• Whether all parties have been served or have filed consent forms
• Whether you need an interpreter, ADA accommodation, or remote participation

Once the JA assigns a date, you file a Notice of Hearing with the clerk and serve it on all parties.

What Happens at an Uncontested Hearing

If both parents signed consent forms (Forms 12.970(c) or 12.970(d)), the hearing is typically brief, though local practice varies. The judge will:

1. Verify your identity and confirm your qualifying relationship to the child (relative within the third degree, stepparent, or fictive kin)
2. Confirm jurisdiction under the UCCJEA — Florida must be the child's home state
3. Review the consent forms to ensure they were signed voluntarily before a notary and two witnesses
4. Ask about the child's living situation — where the child is currently living, for how long, and whether the arrangement is safe and stable
5. Confirm best interests — the judge makes a finding that granting the order serves the child's best interests
6. Sign the order — you present a proposed final order (Form 12.970(e) for temporary custody or 12.970(f) for concurrent custody) for the judge's signature

Bring stamped, self-addressed envelopes for all parties if your county's standing order requires them.

What Happens at a Contested Hearing

If a parent objects, the hearing becomes an evidentiary proceeding. This is a fundamentally different experience.

The judge cannot override a fit parent's objection based on a simple "best interest" standard. Under Troxel v. Granville and Florida constitutional law, you must prove by clear and convincing evidence that the objecting parent is unfit due to abuse, abandonment, or neglect as defined in Chapter 39.

This means presenting actual evidence:

• Police reports documenting domestic violence, drug arrests, or child endangerment
• DCF investigation records (if available through subpoena or the parent's disclosure)
• Medical records showing injuries to the child or untreated conditions
• School records demonstrating chronic absence, withdrawal, or educational neglect
• Witness testimony from teachers, doctors, counselors, neighbors, or other family members who have firsthand knowledge of the parent's conduct

You will also need to testify yourself about what you have observed and why the child is in your care. Prepare to answer questions about how long the child has lived with you, what the parent's involvement has been, and what happened that led to the current arrangement.

Documents to Bring

Regardless of whether the hearing is contested or uncontested:

• Government-issued photo ID for all appearing parties
• The child's certified birth certificate (original or certified copy)
• Original notarized consent forms (if applicable)
• Certified Affidavit of Service proving the parent was served
• Your proposed final order (Form 12.970(e) or 12.970(f))
• The UCCJEA Affidavit you filed (bring your copy in case the judge references it)
• Stamped envelopes if required by local court rules

Remote Hearings

Many Florida family courts conduct uncontested Chapter 751 hearings via Zoom under Rule 2.530 of the Florida Rules of General Practice and Judicial Administration. The JA will provide the Zoom link when scheduling. Test your audio and video beforehand, use a quiet room, and dress as you would for an in-person court appearance.

Contested hearings are more commonly held in person, but remote participation is sometimes available. Ask the JA about your court's current policy.

Do Not Bring the Child

Unless the judge has entered a specific order authorizing child testimony under Florida Family Law Rule of Procedure 12.407, do not bring the child to the courthouse or include them on a video call. Courts strongly discourage placing children in the middle of custody proceedings.

Our Florida Guardianship and Custody Guide includes a hearing preparation checklist that covers every document, every step, and what to do if the judge asks for something you did not anticipate.

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