How to Serve Custody Papers in Florida: Service of Process for Relatives

Why Service Matters So Much

Filing a custody petition with the clerk is only the first step. Before the court can hold a hearing or enter any order, every legal parent must be formally notified. This is a constitutional due process requirement — a judge cannot take action affecting a parent's rights unless that parent has been given proper notice and an opportunity to respond.

Improper service can delay a hearing or prevent the court from entering a valid order. Follow the service requirements for your case.

Method 1: Waiver of Service (Parents Agree)

If a parent voluntarily agrees to the custody arrangement, they can skip formal service entirely by signing a Waiver of Service and Consent form:

• Form 12.970(c) — Waiver of Service and Consent for Temporary Custody
• Form 12.970(d) — Waiver of Service and Consent for Concurrent Custody

The consent must be signed before a notary public and two witnesses. A handwritten note, text message, or letter does not replace the approved waiver and consent form.

When both parents sign valid consent forms, ask the Judicial Assistant about scheduling an uncontested hearing.

Method 2: Personal Service (Parent Known but Not Consenting)

When a parent's location is known but they have not signed a consent form, you must have them personally served with:

• The petition (Form 12.970(a) or (b))
• The summons issued by the clerk
• The UCCJEA Affidavit (Form 12.902(d))
• The Notice of Related Cases (Form 12.900(h))

Personal service must be carried out by either a county sheriff's deputy or a certified private process server — you cannot serve the papers yourself, and neither can a friend or family member.

Sheriff service costs $40 per party (the statutory rate under § 30.231). Ask the clerk or sheriff how to request service and which forms to submit. The sheriff's office handles delivery and files proof of service with the court.

Private process servers charge $50–$100 per service attempt but can often be more flexible about timing and location. They must be certified under Florida law and will also file an affidavit confirming delivery.

After personal service, the parent has exactly 20 calendar days to file a written response with the clerk. If they do not respond, you can file a Motion for Default.

Method 3: Constructive Service (Parent Cannot Be Found)

When a parent's location is genuinely unknown after a thorough search, Florida Statute § 49.011 permits constructive service — service by publication.

Before you can use this method, you must file an Affidavit of Diligent Search (Form 12.913(c)), swearing under penalty of perjury that you searched twelve specific sources:

1. U.S. Post Office address inquiry
2. Last known employer
3. Professional licensing boards
4. Phone and directory listings
5. Local law enforcement and Highway Patrol
6. Department of Corrections inmate locator
7. Local hospitals in the last known area
8. Utility company records
9. Military service records
10. County Tax Assessor and Collector records
11. Commercial internet databases
12. Title IV-D Child Support Enforcement

After filing the affidavit, the clerk issues a Notice of Action, which must be published once a week for four consecutive weeks in a qualified legal newspaper in the county where your case is filed.

Constructive service has one important limitation: it allows the court to grant temporary custody, but it cannot be used to establish a child support obligation against the missing parent.

Serving an Incarcerated Parent

A parent in jail or prison does not lose their right to notice. Service must be completed through the facility's warden or designated civil process administrator. You will also need to file a Motion for Transport Order or request remote video or phone participation so the incarcerated parent can attend the hearing.

Incarceration alone is not automatic consent or evidence of unfitness. The parent still has the right to respond and object.

Our Florida Guardianship and Custody Guide maps every notice scenario — consent, contested service, missing parents, and incarcerated parents — with the exact forms and deadlines for each.

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