Custody of Niece in Florida

by Robin from Branford, Florida, Suwannee County

Custody of Niece in Florida:
Hi My Name is Robin. My niece Anna who is from Ohio was given custody of her Husbands nieces.

They were taken away from their natural parents because of drugs and etc.

Anna came to Florida and lived with me for a while. She left one of the children with me who is 14.

This child has been bounced around all her life. She has learning disabilities. She has been with me for 1 year now and I have been supporting her taking her to the doctor and dentist. I am attemping to get her in a private school under the Mckay scholarship (this is for kids with learning problems).

Anna the aunt signed a paper giving me rights to the child to seek medical and such but the school says no good, this form is notorized. So I am wanting to try and go under the Petition for temporary custody by extended family member. Can I do this or what do I need to do?

Answer to Florida Court Forms Child Custody Question

Dear Robin,

The world needs more people like you. In years past it was commonplace for extended family members to care for relatives children.

These informal custody arrangements still happen, but unfortunately they have become more difficult to navigate. I'm not sure why the schools are demanding that extended family members have formal custody, but they must have their reasons.

The process you're referring to is codified in Florida Stautue 751. I've included parts of the statute at the end of this post.

Recently when I checked one of the Florida Clerk of Court websites I found that the filing fee for that process is $400. Some of the judicial circuits provide the forms on their websites, and others don't.

751.011 Definitions.--As used in ss. 751.01-751.05, the term "extended family member" is any person who is:

(1) A relative within the third degree by blood or marriage to the parent; or

(2) The stepparent of a child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child's parents as an adverse party.

751.03 Petition for temporary custody; contents. --Each petition for temporary custody of a minor child must be verified by the petitioner and must contain statements, to the best of petitioner's knowledge and belief, showing:

(1) The name, date of birth, and current address of the child;

(2) The names and current addresses of the child's parents;

(3) The names and current addresses of the persons with whom the child has lived during the past 5 years;

(4) The places where the child has lived during the past 5 years;

(5) Information concerning any custody proceeding in this or any other state with respect to the child;

(6) The residence and post office address of the petitioner;

(7) The petitioner's relationship to the child;

(8) The consent of the child's parents, or the specific acts or omissions of the parents which demonstrate that the parents have abused, abandoned, or neglected the child as defined in chapter 39;

(9) Any temporary or permanent orders for child support, the court entering the order, and the case number;

(10) Any temporary or permanent order for protection entered on behalf of or against either parent, the petitioner, or the child; the court entering the order; and the case number;

(11) That it is in the best interest of the child for the petitioner to have custody of the child; and

(12) A statement of the period of time the petitioner is requesting temporary custody, including a statement of the reasons supporting that request.

Only an extended family member may file a petition under this chapter.

Have a look at our Temporary Custody by Extended Family Members e-book. It has all the forms, instructions and other useful information to help you get custody of your niece.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Florida Court Forms Self Help Guides

Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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