Who has the right to file for temporary custody in Florida?

On Behalf of | Jan 14, 2022 | Uncategorized |

Sometimes, family members in Florida need temporary custody of children. These are extended family members that have to take care of the child when the parents are unavailable. It’s important to know who can file.

Why would a family member need temporary custody?

Sometimes, unforeseen situations occur in the family. As a result, a person might have to file for temporary custody of a child of a family member. Temporary custody is more common than many people realize, but the arrangement is often necessary for the best interests of the child.

The parents might not be able to care for the child in certain situations. A parent might be incarcerated or going through extensive inpatient drug or alcohol rehab. Sometimes, a parent voluntarily exits the child’s life, or the custodial parent might unexpectedly die. Whatever the case, it might make it necessary for another family member to seek temporary custody to care for the child and make important decisions on their behalf.

Who has the right to file for temporary custody?

Certain relatives have the right to file for temporary custody of a child when the situation calls for it. The family member must be either blood-related or related by marriage to one of the child’s parents. A stepparent is also eligible to file for temporary custody if they are currently married to one of the child’s parents and are not separated or in the process of separation.

Relatives within the third degree are also eligible to file for temporary custody of a child. This includes the following family members:

  • Sibling
  • Grandparent
  • Great-grandparent
  • Aunt or uncle
  • Niece or nephew

The rights of the biological parents are not terminated when temporary custody is awarded. A parent must also give signed, notarized consent before the relative petitions for temporary custody.

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