Child Custody and Time-Sharing in Brevard County, Florida

If you are starting or responding to a child custody case in Brevard County, file the paperwork with the Brevard County Clerk of the Circuit Court. A Circuit Court judge in the Eighteenth Judicial Circuit's Family Division decides parental responsibility and time-sharing. Paper filings and in-person hearings go through the Moore Justice Center (Viera Courthouse), 2825 Judge Fran Jamieson Way, Viera, FL 32940. Families across the county, including those in Melbourne, use this same courthouse.

Under Fla. Stat. 61.13, a Florida court does not award custody in the traditional sense. Instead, it approves a parenting plan covering parental responsibility (decision-making) and time-sharing (the schedule). The standard form is 12.995(a). Parties dealing with domestic violence or other safety issues use the safety-focused version, 12.995(b). Parents who live in different cities or states can use the long-distance version, 12.995(c).

Fla. Stat. 61.21 adds one more requirement: both parents must complete a state-approved parenting course before the final judgment issues in a case with minor children. DCF vets and lists the providers. Custody jurisdiction depends on where a child has lived, so Florida also requires a UCCJEA affidavit, Form 12.902(d), disclosing the child's residence history, with every custody petition. Expect a mediation referral before a contested time-sharing hearing: Fla. Stat. 61.183 authorizes it, and most circuits use it as a standard step.

Attorneys must e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com). Self-represented parties may e-file there too, or file on paper at the clerk's office. The Eighteenth Judicial Circuit's family self-help program (https://www.brevardclerk.us/pro-se-information) reviews self-represented parents' paperwork for completeness and can help with the mechanics of filing, but staff there do not give legal advice.

Where custody cases are heard in Brevard County, FL

Custody and time-sharing matters in Brevard County, FL are handled by the Eighteenth Judicial Circuit Court of Florida, Brevard County, with the county seat in Viera. Because courthouse locations, hours, and local family court programs change over time and can differ between branches, use the Florida court clerk directory to confirm the current details for your case:

Find the Brevard County, FL Clerk of Court (Florida court clerk directory)

How custody is decided in Florida

Florida uses the same statewide rules in every county, including Brevard County, FL. Florida law no longer uses the words "custody" and "visitation" in the statute; instead, Florida Statutes chapter 61 uses "parental responsibility" (who makes major decisions for the child) and "time-sharing" (the schedule of when the child is with each parent). Parental responsibility can be shared or, in limited cases, granted solely to one parent. Judges decide time-sharing based on the best interest of the child, considering the factors listed in the statute, and Florida law does not favor a parent based on gender.

You raise parental responsibility and time-sharing inside a dissolution of marriage case, or, if the parents were never married, by first filing to establish paternity. The core steps are:

1. Open or use an existing case: a petition for dissolution of marriage, or a paternity case for unmarried parents.
2. File a proposed Parenting Plan (Florida Supreme Court approved family law form 12.995(a)) covering parental responsibility and a time-sharing schedule.
3. Serve the other parent and file proof of service.
4. Complete a parenting course if your circuit requires one for cases with minor children (Fla. Stat. 61.21).
5. Attend mediation if your circuit requires it before a contested hearing, then attend the hearing if you have not agreed. The court enters a Final Judgment with the Parenting Plan attached.

Florida does not use a fixed statewide waiting period for custody orders the way it does for some other filings; timing depends on your circuit's calendar and whether the case is contested. Parents who agree on a Parenting Plan can submit it for the judge's signature without a contested hearing, which is almost always the faster and less costly path in Brevard County, FL.

Local notes for Brevard County, FL

Schedule Brevard family mediation at BrevardFamilyMediation@flcourts18.org or through the JACS online scheduling tool, (321) 633-2171. Sessions are held online by video. Florida circuits set mediation fees on a sliding scale tied to combined household income under Fla. Stat. 44.108: free for indigent parties, up to $60 per party for combined income under $50,000, and $120 per party for combined income from $50,000 to $100,000. Indigent parties can seek a fee exemption through the clerk.

Brevard County charges $409 to file a time-sharing or related family petition, plus any summons or service fees. The Family Pro Se Coordinator offers free form review appointments, notarization, and copying at 15 cents per page; reach the office at ProSeCoordinator@brevardclerk.us. That office can tell you which forms apply and review your packet, but by law it cannot complete forms for you or advise you on what to write.

A guardian ad litem is not automatic in a contested case. Fla. Stat. 61.401 gives the judge discretion to appoint one. The Eighteenth Circuit's Guardian ad Litem Program office, which mostly handles dependency matters, is reachable at 407-665-5371.

Official custody resources in Brevard County, FL

Moore Justice Center (Viera Courthouse) handles custody filings, located at 2825 Judge Fran Jamieson Way, Viera 32940. Phone: 321-633-7780.

The filing fee is $409. E-filing is available through https://www.myflcourtaccess.com. Florida Courts E-Filing Portal; mandatory for attorneys, optional for self-represented parties who may file on paper.

Eighteenth Judicial Circuit Family Self-Help (https://www.brevardclerk.us/pro-se-information) can help with procedure and paperwork. Family Pro Se Coordinator, no charge, form review appointments, notarization, and copying at 15 cents/page; ProSeCoordinator@brevardclerk.us

• Florida Courts E-Filing Portal
• Brevard County Family Self-Help
• Brevard County Clerk of the Circuit Court
• Fla. Stat. 61.13 - Parenting Plans and Time-Sharing

Local details reviewed August 2026. Offices and locations can change, so confirm with the official sites above before you file.

Brevard County, FL Child Custody FAQs