Forms for Appeal or Modification of Temporary Custody

by Forest from Portland, Maine

My adopted daughter's birth father has filed for, and been granted, temporary custody of her 1 year old son in Volusia county Florida. Is there a form, or specific format, that she can use to request an appeal or modification of the existing custody order?

Form 12.905(a) seems to be close, but may not be exactly what she needs. Thank you.

Answer to Florida Child Custody Question

Dear Forest,

You are correct.

Form 12.905(a), Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief, is the form you would use to modify or change a current court ordered parenting plan.

So this form may be appropriate for her situation if the order was made on a Petition for Paternity, or a Dissolution of Marriage.

However, from what you mention here, this may not be the case.

If this is so, what she may be able to do is to file a Motion to Set Aside Default or Default Judgment, if the temporary order was entered due to a default on her part. Otherwise, she will need to start her own custody proceeding by filing form 12.905(a).

Without all the pertinent facts, it would be hard for us to direct you to any other forms you could use for her situation. You may want to consult an attorney for legal advice on how to proceed. Use the links below for more Florida child custody information and resources.

Florida Child Custody Resources

Florida Court Forms Search

Florida Courts Family Law Forms

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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Forms for Appeal or Modification of Temporary Custody

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Terminate Concurrent Custody
by: Anonymous from Florida

My wife and I separated. My wife, myself, and my mother-in-law filed for concurrent custody of our children. We did so, so that my mother-in-law could take my children to doctor's appointment and other things where custody is necessary. My wife and I have since reconciled and I'm unable to find the necessary documentation and/or forms needed to file for the termination of this order.

--You are correct. There are no forms available for the termination of a concurrent custody order. In the instructions for the Petition for Concurrent Custody By Extended Family, Form 12.970(b), it states...
At any time, the Petitioner or either or both of the child(ren)’s parents may move the court to terminate the order granting concurrent custody. The court shall terminate the order upon a finding that either or both of the child(ren)’s parents objects to the order. The fact that the order for concurrent custody has been terminated does not preclude any person who is otherwise eligible to petition for temporary custody from filing such petition.

Depending on the court's local rules and procedures (yes, they can be different from circuit to circuit) you will need to "move" the court by supplemental petition or by motion. See the Eighth Circuit's Motion to Revoke Temporary Custody Form as an example. You can title your Motion or Supplemental Petition as example...

Motion to Terminate Concurrent Custody By Parental Agreement

See Florida Statutes 751.05 for the law governing orders on concurrent custody. --Staff

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