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
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.
If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.Free Family Lawyer Referral
You Are Here → Home › Temporary Custody FAQs › Temporary Custody Of Grandchild