Facing False Accusations in a Custody Battle: What to Do Next if Your Co-Parent Files for Full Custody

What to Do When Your Co-Parent Files for Full Custody and Makes False Claims

It's devastating when someone you've been coparenting with—successfully, you thought—suddenly files a petition with the court asking for full custody and no visitation for you. It's even more shocking when they present a list of accusations that twist everyday parenting challenges into claims of neglect or unfitness. Here's what you need to know and how to respond under Florida family law.

1. Start with the Basics: Your Legal Obligation to Respond

When you're served with a petition in Florida family court, you're required to file an Answer. This is your opportunity to respond to each of the allegations made against you. But you don't need to go into full detail at this stage. Instead, you simply respond to each numbered paragraph with one of three options:

• Admit (if it's true),
• Deny (if it's false), or
• Without knowledge (if you don't know enough to respond).

This keeps your response short, factual, and on track.

2. Consider Filing a Counterpetition

In most custody disputes, especially when you're not the one who started the case, you'll also want to file a Counterpetition. This tells the court your side—not just your denials, but your requests. If you believe that shared custody is in your child's best interests, you can ask the court to establish a 50/50 parenting plan. This is also the place to make any other requests, such as no child support being ordered or requesting mediation.

3. Save Your Receipts—But Save Them for the Right Time

While it's tempting to want to submit all your proof—texts, receipts, photos, and your explanations—right now, that's not how Florida family court works. Evidence comes in later, usually during one of these steps:

• Discovery (a formal exchange of documents),
• Mediation (where many cases settle),
• Temporary relief hearings, or
• Trial (which many cases never reach).

So, yes, absolutely save all your documentation. Organize it. Label it. But don't try to fight every detail in your first response.

4. Child Support When You're Unemployed

Your ex may be asking for child support, even though you've always shared expenses and parenting time. If you're currently unemployed due to being a stay-at-home mom, here's what matters:

• Florida courts can impute income to you—meaning they can assign you a hypothetical income based on your skills, education, and job market—even if you don't have a job yet.
• That said, they also look at actual ability to work, and the current economic situation. If you've been actively looking and haven't found work, that can be a defense.
• If you're spending equal time with your child, child support is often minimal or not ordered at all—especially if neither parent is paying the other for the child's expenses.

5. What You Can Do Now

• File your Answer and Counterpetition timely.
• Document everything. Screenshot texts. Save emails. Keep track of your job search and parenting time.
• Stay calm and child-focused. Florida courts care most about the child's best interests. If you show you're calm, child-centered, and committed to coparenting, it works in your favor.
• Prepare for mediation. Most cases are resolved in mediation—not trial. Go in ready to compromise, but also to advocate for your parenting role.

6. You're Not Alone, and You Don't Have to Do This Alone

Even if you're going the DIY route, that doesn't mean you're alone. Our firm offers affordable coaching, courses, and document assistance to help you navigate the family court system without hiring a full-time lawyer. You can do this with the right tools.

Need Help Drafting Your Parenting Plan or Response?

Visit DIY Legal by Family Matters Law Group, P.A. to access templates, coaching, and legal advice designed for Florida parents representing themselves.