Seeking Temporary Custody

A member of the child’s extended family may need to seek temporary custody of a child for various reasons. First, many parents understand and agree they are not in a position to provide care for their children. In such cases, temporary custody can be transferred through the consent of the parents. Alternatively, temporary custody may be requested in some situations to shield the child from a parent who is abusive or neglectful.

Various factors must be considered during this decision and legal process. You might think temporary custody is unnecessary if a family member’s child currently resides with you, but having legal custody can be crucial for a variety of reasons. For instance, having custody of a child gives you the authority to decide on the child’s educational or medical needs. You can also obtain access to academic or medical records and information using a Chapter 751 temporary custody order. Without such an order, privacy laws typically prevent anyone other than the legal parents from accessing this information and prevent third parties from making decisions concerning children.

Which Extended Members of the Family Qualify Under State Law?

Many extended family members in Florida, although not all, may be qualified to apply for temporary custody under Chapter 751 of the state’s laws. The qualifying family members in detail are:

• Grandparents and great grandparents
• Sisters and brothers
• Uncles and aunts
• Stepparents
• Other relatives within the third degree by blood or marriage to the parent

When Will Temporary Custody End?

The term of temporary child custody in Florida is not specified. However, there are a variety of ways to terminate this custody. First, the concerned extended family member may voluntarily return parental rights to either or both child’s parents. Additionally, with or without the approval of the extended family member, the child’s parents may seek to have the temporary custody revoked at any moment. If that happens, a Florida judge will have to decide whether terminating the temporary custody is in the child’s best interests.

Typical Problems and Difficulties in Florida’s Temporary Custody

In Florida, obtaining or maintaining temporary custody can present several frequent problems and difficulties. Temporary custody is a complex legal arrangement that can involve many different factors. One of the most frequent difficulties is proving that the parents are unable to care for the child adequately, which may call for evidentiary proof and documentation at a court hearing. Even if temporary custody is approved, temporary guardians may have difficulties providing for the child’s medical and educational needs. Also, there can be difficulties preserving relationships with the child’s parents or other relatives because temporary custody might disrupt family dynamics and cause tensions. The temporary custody order should be drafted so as to address the child’s needs and the temporary custodian’s ability to satisfy those needs.