Daytona Beach Temporary Custody By Extended Family Member Attorney

Are you a grandparent or other relative seeking custody?

If you are caring for a relative's child, such as a grandchild or niece/nephew, and the parents have temporarily left the child in your custody, what do you do if decisions regarding the child's care need to be made and you have no legal right to the child?

In Florida, a court can grant custody to an "extended family member" as defined by Florida Statute §751. This term refers to a relative within the third degree of blood or marriage to the parent, or the stepparent if currently married to the parent. The parent can petition the court to modify or end the temporary custody order if they are deemed a fit parent or with the consent of all parties. The law provides a solution for family members to obtain custody of their relatives' children who need care. The custody can only be returned to the parent if they are deemed fit to raise the child.

Understanding Florida's Temporary Custody Laws 

When it comes to family law matters, the legal parents of a child have the sole right to make decisions and raise the child. However, there are times when the court will grant temporary custody to a third party, such as grandparents or stepparents, for the welfare of the child.

Chapter 751 of the Florida Statutes regulates temporary custody. This type of custody is meant to be a temporary solution for a child's care while still preserving the parental rights of the legal parents. Temporary custody is ideal for children who are being raised by extended family members, such as grandparents, uncles, or aunts.

The Benefits of Temporary Custody 

Obtaining temporary custody offers numerous benefits for the welfare of the child, such as the ability to consent to medical treatment, access medical and school records, enroll the child in school, and approve participation in school activities. Temporary custody also allows the extended family member to make necessary decisions for the child's well-being.

Eligibility for Temporary Custody 

To obtain temporary custody, the petitioner must be an adult, an emancipated minor, or a stepparent who is currently married to the child's parent. The petitioner must also be a blood relative within the third degree or by marriage. The court requires that the stepparent must not be involved in any civil or criminal litigation against the child's parent.

The Temporary Custody Process 

To start the temporary custody process, the petitioner must file a petition with the court, which must include the names and addresses of the children, the names of the parents, the petitioner's relationship with the child, and the length of time for which the petitioner is seeking custody. The petitioner must also indicate whether there are any protective orders or child support orders against either parent.

Obtaining the parents' consent or showing why it is not necessary is essential, as the court may have a hearing to determine whether to grant temporary custody if the parent challenges the petition.

If you're seeking temporary custody within your extended family, you need an experienced Daytona Beach, Volusia County, Flagler County Family Law attorney on your side to guide you through the complex process. Get in touch with The Law Office of Carol Lee Peake today to schedule a free consultation and learn how we can help protect the child's future. Call us now at (386) 868-4039 for personalized support and the best chance of gaining custody