Establishing a Temporary Custody Agreement
For some families, the best custody arrangement for a child, at least in the short-term, involves residing with an extended family member rather than a parent. This type of arrangement isn’t unheard of in Florida, where courts regularly grant what is referred to as temporary custody, in which a relative besides a parent is given custody of a minor child on a temporary basis. Often, parents consent to this type of arrangement, as they are not typically permanent and enable the parties to resolve their legal issues without disrupting their child’s life. It is also possible, however, for a court to grant temporary custody over a parent’s objections, although this usually only occurs when there is evidence of neglect or abuse. For help determining whether a temporary custody agreement could be in your family’s best interests, please call our dedicated Fort Lauderdale temporary custody attorneys today.
Who Can be Granted Temporary Custody?
Under Florida law, temporary custody of a child can be granted to his or her extended family members, which is defined as any relative within the third degree by blood or marriage, including:
- Aunts and uncles;
- First cousins; and
If you believe that you qualify for temporary custody of a relative and that such an arrangement would be in his or her best interests, please reach out to our legal team to learn more about filing a petition with the court.
Requesting Temporary Custody
Those who fall under one of these categories and who are seeking temporary custody of a child will be required to file a Petition for Temporary Custody, which requires the inclusion of certain information regarding:
- The child’s name, birth date, and current address;
- The names and addresses of the child’s parents;
- The places where the child has lived in the past five years;
- Information about any custody proceeding in which the child is involved;
- The petitioner’s address and relationship to the child;
- The period of time for which the petitioner is requesting custody, including a statement of the reasons for the request; and
- A plan for transitioning custody upon termination of the temporary custody award.
If seeking temporary custody of a child, a petitioner will need to obtain the consent of the child’s parents. If, however, the parents will not give their consent, the petitioner could still be granted temporary custody if he or she can provide evidence of specific acts or omissions that demonstrate abuse, abandonment, or neglect on the part of the child’s parents.
Here to Help with Your Custody-Related Legal Matters
If you believe that a temporary custody arrangement for a member of your family would be in that child’s best interests, or your extended family members are unfairly trying to restrict your own rights to visitation, please call experienced Florida temporary custody lawyer Sandra Bonfiglio, P.A. at 954-945-7591 for a free review of your case. If you are unable to call or schedule an appointment in person, you can also reach out to our legal team via online message.