What Can I Do If My Florida Custody Order Was Never Signed and Evidence Was Withheld?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
The mother of my child kept me away from our child since birth. I got visitation through the court, but she filed a false DCF claim, kept our child, and then lied about it in court. The judge was going to grant 50/50 time-sharing but completely reversed course during the final hearing. I never received a response to my motion to compel discovery, and I never got to see or hear any of the evidence that was submitted. The mother has insisted on following the final court order even though the judge has not signed it, and her lawyer wrote it to favor her rather than what the court actually ordered. Now she has violated that as well.
Attorney Answer
The single most important fact to confirm right now is whether a final judgment has actually been signed and filed, because an unsigned draft is not an enforceable order under Florida law, no matter what anyone tells you to follow.
In Florida, a court order only takes legal effect once the judge signs it and it is filed with the clerk, a step generally called rendition. If what you're being told to follow is really just a proposed final judgment that your child's mother's attorney drafted and the judge has not signed, it is not yet binding on either of you, and any claim that you are violating it does not hold up. Your first step should be checking the case docket, in person or online through the clerk of court, to see exactly what has been filed and signed.
On the discovery and evidence problem. Florida Family Law Rule of Procedure 12.380 allows you to ask the court to compel a response to discovery and to sanction a party who doesn't comply. If your motion to compel was never ruled on, and you were never shown the evidence used against you before the final hearing, that is a serious due process problem worth raising immediately, especially if a judgment is entered without ever resolving it.
On timing. If a signed final judgment does exist and you just haven't seen it yet, Florida generally allows only about 15 days from when it's filed to move for rehearing (Fla. Fam. L. R. P. 12.530). That is a short window, so check the docket today.
What you can do
1. Get a certified copy of everything actually filed and signed in your case from the clerk's office today. 2. If a signed judgment exists, calendar the 15-day rehearing deadline immediately and contact an attorney before it passes. 3. If nothing is signed yet, ask the court in writing to rule on your outstanding motion to compel and to address the undisclosed evidence before any final judgment is entered. 4. Keep records of how the DCF claim was resolved, since Florida's time-sharing statute (Fla. Stat. § 61.13) allows the court to weigh a parent's credibility in deciding what's in your child's best interest.
Given the number of moving parts and how tight some of these deadlines can be, please get a family law attorney involved right away. This is general legal information, not legal advice. A Florida family law attorney can review your court file and advise you on next steps.
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Frequently Asked Questions
Is a Florida custody order enforceable before the judge signs it?
No. An order generally has no legal effect until the judge has signed it and it has been filed with the clerk of court. A proposed order that hasn't been signed isn't binding, even if a hearing already happened.
What can I do if my motion to compel discovery was never answered in my Florida custody case?
Florida Family Law Rule of Procedure 12.380 lets you ask the court to compel a response and impose sanctions if the other side still doesn't comply. If this happened before a final hearing, it may also support a request for rehearing or appeal.
How long do I have to ask for a rehearing after a Florida family court judgment?
Generally around 15 days from when the signed judgment is filed with the court, under Florida Family Law Rule of Procedure 12.530. This window is short, so it's important to check the case docket regularly.
