Temporary Custody Of Grandchild

by Mark from Florida

My son and his fiance are facing possible criminal charges and want to relinquish custody of their 9 month old child to the son's parents. Is it possible to gain temporary custody of the child until all the legal actions and potential jail time is over with?

This could be for one month or it could be several years, it depends on the outcome of the case.

The charges have not been filed yet, but they are sure to come soon and we want to avoid the drama of the arrest and subsequent actions.

Answer to Florida Child Custody Question

Dear Mark,

Absolutely. As an extended family member, the grandparents can petition the court for temporary custody of their grandchild and they can state how long the order should be in place.

Line 11 of the Petition for Temporary Custody By Extended Family, Form 12.970(a) states:

Petitioner requests temporary custody be granted for the following period of time:

The reasons that support this request are:

In this section is where they would put the time period and the reason for the request. Of course, they would need to have the consents of both parents and also file the other required forms:

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

• Notice of Related Cases, Florida Family Law Rules of Procedure Form 12.900(h).

• Family Court Cover Sheet, Florida Family Law Rules of Procedure Form 12.928.

• Non-Military Affidavit, Florida Supreme Court Approved Family Law Form 12.912(b).

Required only for obtaining a default on petitions that have been personally or constructively served. Not required if both parents have signed a waiver and consent.

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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Comments for
Temporary Custody Of Grandchild

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Child Custody By Paternal Grandparents
by: Bill from Florida

Can my son sign his parental rights over to me and I be able fight for custody of the child? Keep in mind that the child is in a home where mother is an i.v. drug user and both of her parents are taking Oxycontin and all have tested positive. My son is currently unemployed and has been clean for 3 to 4 months now, but really needs to get his life straight first.

D.C.S. is currently preparing to take court action against the mother for the continued drug use and non compliance with there orders.

--It may not be as easy as that. As the grandparent, you could file for Temporary Custody. You could also file for Adoption by Grandparent. --Staff

Grandchild Temporary Custody Forms
by: Sand Beard from Largo, Florida, Pinellas County

My granddaughter has lived with me for 3 years. Her father has not been around since she was born. Don't know where he is. My daughter is a drug addict and prostitute who has been in an out of jail for the past 5 years. She has abandoned my granddaughter now for 8 weeks.

Don't know where she is. She has not called or tried to get in contact with us. I would like to get custody of my granddaughter before my daughter tries to take her out of this safe environment. Can you tell me what and where I can get the forms to do this?

--I'm sorry to hear about your granddaughter's situation. I've heard so many of these sad stories, that if it wasn't for responsible people like you, I would have to stop doing these Q&A's just for my own sanity. The answer to your temporary custody questions is spelled out about as well as I can put it on this page.

Read through the answer above and contact the Pinellas county self help center. They should be able to help you with this. --Staff

Keeping Temp Custody
by: deborah

I have 4 grandkids, 3 of which lived with me for the last 3 years. My daughter gave me temp custody through the courts on April 3 2012, but I have had them in my home for years due to her iv drug use. She has stolen everything from me and I had to put charges on her... felony charges. And she got drug charges again in Jan 2013 in less then three years of other drug charges. Now she is saying she's taking me back to court to get the kids because I wont drop the charges. Can she get them back?

--It doesn't seem likely a judge would agree to that. It's probably just a hollow threat on her part. If you are served papers to appear in court, consider hiring an attorney, and at the very least, ask that the court appoint a Guardian Ad Litem for the kids. --Staff

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