Temporary Custody & Military Deployment

by Anonymous from Florida

I'm seeking to give temporary custody of my kids to a family member. I'm considering entering into the military and I need to give my kids up for temporary custody.

Answer to Florida Child Custody Question

Dear Anonymous,

We are seeing more and more questions about this issue.

In years past, it was common for parents to have another family member care for their children when circumstances demanded.

And in years past, this was often an informal arrangement, and at most parents would give the family member caring for their children a Power of Attorney for emergency medical care; and authority to enroll their children in school.

Now schools seem to be demanding a formal temporary custody order signed by a judge. Florida Statute 751 addresses that specific issue.

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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