Florida Diligent Search Affidavit: How to Serve a Missing Parent in a Custody Case

When You Need a Diligent Search

If you are filing for temporary custody of a grandchild or relative's child and one parent's whereabouts are unknown, Florida law requires you to make a genuine effort to locate them before the court will allow alternative service methods. You cannot simply tell the judge "I don't know where they are."

The process works in two stages: first, you conduct and document a search across twelve mandated sources. Then, if the search fails, the court authorizes service by publication in a local legal newspaper.

The 12 Required Searches

Form 12.913(c), the Affidavit of Diligent Search, requires you to check each of these sources and document the result — whether positive, negative, or inapplicable:

1. U.S. Post Office — Submit a Freedom of Information Act address inquiry for the parent's last known address
2. Last known employer — Contact the parent's most recent employer to ask whether they have a forwarding address or are still employed
3. Occupational licensing boards — Check whether the parent holds a professional or trade license that lists a current address
4. Telephone and directory listings — Search phone directories, 411, and online white pages for the parent's name
5. Law enforcement agencies — Contact the local police department and Florida Highway Patrol for any contact records
6. Department of Corrections — Use the Florida DC inmate locator (dc.state.fl.us) to check whether the parent is incarcerated
7. Local hospitals — Contact hospitals in the parent's last known area of residence
8. Utility companies — Check with electric, water, and cable providers in the last known area
9. Armed Forces records — If the parent may be in the military, contact the appropriate branch's personnel locator
10. County Tax Assessor and Tax Collector — Search property tax records in counties where the parent may own property
11. Commercial internet databases — Use at least one commercial people-search service (Spokeo, BeenVerified, TruthFinder, etc.)
12. Title IV-D Child Support Enforcement — Contact the Florida Department of Revenue to check child support records

You sign the affidavit under penalty of perjury. Complete it accurately and document each inquiry; the court requires the diligent-search affidavit before constructive service can be used.

Filing the Notice of Action

After you file the completed Affidavit of Diligent Search, the clerk issues a Notice of Action (Form 12.913(a)(2)). This notice must be published once per week for four consecutive weeks in a qualified legal newspaper in the county where your case is pending.

The publisher may charge a fee for publication; ask for its current rate. Civil indigent status covers initial clerk filing fees, summons issuance fees, and sheriff service fees, so ask the clerk and publisher whether publication costs are covered.

The parent has 20 days after publication to respond. If no response is filed within that period, you can proceed to request a default hearing.

Important Limitations

Constructive service through publication works for establishing custody, but Florida law does not allow it to create a child support obligation against the missing parent. If child support is important to your case, publication alone is insufficient; ask about the separate procedure and service required to request support.

Concurrent custody requires the written, notarized consent of both legal parents. If a parent objects to a concurrent-custody petition, the court must offer the option to convert it to temporary custody; when consent is unavailable, ask the clerk or an attorney about the appropriate petition.

Our Florida Guardianship and Custody Guide includes a diligent search tracking worksheet with spaces for each of the 12 required sources, so you can document your results systematically as you go.

See more Florida guides →