Florida's Law on Temporary Custody of Minor Children
Florida Temporary Custody Law: Temporary Custody by Extended Family Members, Forms, Law, Information, Help, and Instructions.
The 2008 Florida Statutes
Title XLIII
DOMESTIC RELATIONS
Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY
View the Entire Chapter of Florida's Temporary Custody Law
Temporary Custody By Extended Family
Determination of Temporary Custody
751.02 Determination of temporary child custody proceedings; jurisdiction. -- The following individuals may bring proceedings in the circuit court to temporarily determine the custody of a minor child:
(1) Any extended family member who has the signed, notarized consent of the child's legal parents; or
(2) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.
History.--s. 3, ch. 93-104; s. 3, ch. 2006-167.
Determination of Temporary Custody
751.02 Determination of temporary child custody proceedings; jurisdiction.--The following individuals may bring proceedings in the circuit court to temporarily determine the custody of a minor child:
(1) Any extended family member who has the signed, notarized consent of the child's legal parents; or
(2) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.
History.--s. 3, ch. 93-104; s. 3, ch. 2006-167.
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 child custody, including a statement of the reasons supporting that request.
Only an extended family member may file a petition under this chapter.
The Self Help Guides' Modifying Child 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. The Self Help Guide - Modifying Custody & Visitation - is designed to easily file the Supplemental Petition to Modify Custody & Visitation and all the required and supporting forms.
The Self Help Guide includes easy to follow step by step instructions, all the required & supporting forms, filing procedures & checklists, complete guide to the Parenting Plans, easy to understand and written in plain English.
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Self Help Guides
Modifying Child Custody, Visitation & Child Support
This 70+ page guide has complete step by step instructions for completing the Florida court approved forms.
The guide helps you navigate the court process and court procedures once you file with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Available as an e-book download. ($9.95)
Interactive Fillable Forms
Most Requested Forms
Form 12.905(a) Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan/Time-Sharing Schedule and Other Relief. DEC 2010 ($2.95) Buy Now
Form 12.905(b) Supplemental Petition for Modification of Child Support. DEC 2010 ($2.95) Buy Now
Form 12.983(a) Petition to Determine Paternity and for Related Relief. OCT 2011 ($4.95) Buy Now