Temporary Custody By Cousin

by Latoya from Florida

What are the steps to filing for custody when the parent agrees to give up custody? My cousin is going into the military and wants to give me custody of her daughter.

What would be the process and forms so that we can file ourselves?

Answer to Florida Child Custody Question

Dear Latoya,

You can file for Temporary Custody of a Minor Child by an Extended Family Member under Florida Statute 751.

The definition of an extended family member for the purposes of that process is:

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...

There is no form for this process posted on the Florida Supreme Court's website. Some of the counties and circuits have the forms on their sites. The process and the law is the same throughout Florida.

Check with your clerk of court or on the website for your court circuit to see if the form is available locally. The following information must be included in the Petition for Temporary Custody:

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.

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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