Florida Temporary Custody Filing Fees and How to Get a Fee Waiver

What You Will Pay to File

Filing a Chapter 751 petition for temporary custody of a child in Florida is not free. The total cost depends on your county and the specifics of your case, but here is what to budget for:

The filing fee varies by county because Florida Statute § 28.241 sets a base range that counties supplement with local administrative surcharges. Miami-Dade's filing fee is $301. Broward's is $409. Call your county clerk's office to get the exact amount before you go.

If both parents sign consent forms and waive service, you save the summons and sheriff fees. If a parent cannot be found and you need to publish a Notice of Action in a legal newspaper, ask the publisher for its current rate.

Applying for Civil Indigent Status

If you cannot afford the filing fees, Florida Statutes §§ 57.081 and 57.082 allow you to apply for a determination of civil indigent status. You submit the application to the Clerk of Court at the same time you file your petition.

Who qualifies: Your net income must be at or below 200% of the Federal Poverty Guidelines for your household size. The research identifies TANF, SNAP, and SSI as public-assistance benefits that presume indigent status.

What it covers: An approved indigent status determination waives the initial clerk filing fee, summons issuance fees, and sheriff service of process fees. It also permits enrollment in a clerk payment plan for mandatory administrative costs; ask the clerk whether local self-help charges are included.

Other costs: The relief described here does not appoint a free attorney in a private Chapter 751 case. Ask the clerk and publication provider whether a Notice of Action charge is covered. For legal representation, contact your local legal aid organization through FloridaLawHelp.org.

How to Submit the Application

The Application for Determination of Civil Indigent Status is a standard statewide form available at the clerk's office. You fill in:

• Your household income from all sources (wages, Social Security, SSI, disability, child support received)
• Monthly expenses (rent, utilities, food, medical, transportation)
• Whether you receive any means-tested public benefits

The clerk makes an initial determination based on the financial information you provide. If the clerk denies your application, you have the right to request a judicial review hearing before the presiding judge within 10 days of the denial notice.

File the application at the same time you file your custody petition. Ask the clerk how to apply if you have already filed.

Other Ways to Reduce Costs

Even if you do not qualify as indigent, there are ways to keep costs down:

• Use the sheriff for service rather than a private process server — the statutory rate is $40 versus $50–$100
• Get consent forms signed — if both parents agree, you skip service of process entirely
• Check local filing options before submitting; circuits differ in their intake procedures, and the Florida Courts E-Filing Portal is available for electronic filing.
• Request only the certified copies you need — schools and doctors typically need one certified copy of the court order; you do not need five

Our Guardianship and Custody for Grandparents and Relatives in Florida guide includes a complete cost worksheet so you can calculate your total filing expenses upfront and decide whether the fee waiver application is worth pursuing.

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