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How much does it cost to file for custody in Florida?

Filing a custody case — called timesharing in Florida — costs a statutory filing fee of up to $295 under Fla. Stat. §28.241(1)(a)1.b, because custody travels under chapter 61 with the rest of Florida family law. Coming back after judgment to modify a parenting plan costs a $50 reopen fee. On top of the state figure each clerk adds the service charges the statute authorises, which is why the amount collected differs by county.

Florida custody fees at a glance

Read the table the way a Florida clerk does: $295 is the cap the statute sets on the filing fee itself for a chapter 61 case, not a promise of the all-in window total. The same statute layers clerk service charges on top, and counties may add charges authorised by ordinance or special law, so two parents filing identical timesharing petitions in different counties pay different totals — the pattern this site already documents for Florida divorce costs, where Miami-Dade publishes $409 for a dissolution. The national comparison is on the child custody filing costs hub.

New case vs. modification — the $245 difference

The single biggest budgeting decision is which procedural door you use. A parent with no Florida judgment files a new chapter 61 proceeding — a Petition for Paternity with Timesharing where parentage is not yet established, or a standalone timesharing petition — at the up-to-$295 filing fee plus service charges. A parent who already has a parenting plan in a Florida judgment files a Supplemental Petition for Modification instead, and because the underlying case is reopened rather than begun, §28.241(1)(b) caps the reopen fee at $50 (payable where at least 90 days have passed since the final order). Filing a modification as a brand-new case is a common and expensive mistake.

Parenting plans, parenting courses and mediation

Every Florida custody outcome is written as a parenting plan under §61.13, allocating parental responsibility and timesharing against the statute's best-interests factors. Parents in a dissolution or paternity case with children must also complete a Parenting Education and Family Stabilization Course under §61.21 before the judgment can enter; approved providers set their own prices, so — as on this site's Florida divorce page — no course figure is published here. Most circuits refer contested timesharing to mediation, priced by the court's programme or the private mediator, not by the clerk.

1. Confirm the door: new chapter 61 petition, or a supplemental modification petition in the existing case
2. File with the circuit court clerk where the children live and pay the fee up to $295 new case up to $50 reopen plus clerk service charges
3. Serve the other parent — sheriff or certified process server charges are set by the server, not the fee statute
4. Complete the §61.21 parenting course and exchange mandatory disclosure; attend mediation if the circuit requires it
5. Finalise a parenting plan by agreement or trial; order certified copies for school, medical and travel use

What custody really costs beyond the clerk

Beyond the filing and reopen fees, the predictable extras are service of process and the parenting course (provider-priced), and the unpredictable one is a custody evaluation or social investigation where the court orders it — priced by the professional, never by §28.241. Attorney fees dominate contested timesharing litigation and are market-set statewide. Compare the structure with California custody costs ($435 to open, $85 to modify) and Pennsylvania custody costs.

Can't afford the fee?

Florida clerks screen civil filers for indigency under §57.082: file the Application for Determination of Civil Indigent Status with the petition, and a filer found indigent pays the filing fee through a clerk payment plan (with a $25 administrative charge) rather than being turned away. The general mechanics are explained in the fee waiver guide.

Sources: Fla. Stat. §28.241(1)(a)1.b (chapter 39/61/741/742/747/752/753 filing fee up to $295), §28.241(1)(a)1.a (general circuit cap up to $395), §28.241(1)(b) (reopen fee up to $50; 90-day rule), §28.241 service charges ($40 up to five defendants) · Fla. Stat. §61.13 (parenting plans; best interests) · Fla. Stat. §61.21 (parent education and family stabilization course; provider-set price — no figure published) · Fla. Stat. §57.082 (civil indigent status). Last verified: October 2026 — confirm the all-in total with your circuit court clerk.