Florida

Form: Temporary Custody by Extended Family Member

Authored By: Community Legal Services of Mid-Florida, Inc. - Daytona Office LSC Funded
Contents
Temporary Custody by Extended Family Member Important Information to Read Before Completing Your Temporary Custody by Extended Family Member Forms

Temporary Custody by Extended Family Member: lawhelpinteractive.org

Important Information to Read Before Completing Your Temporary Custody by Extended Family Member Forms

 

Important Information to be Read Before Completing the Interactive Form

Community Legal Services of Mid-Florida developed this Interactive Form under a grant from the Legal Services Corporation.

I. No Lawyer-Client Relationship.

You are answering this Interactive Form and selecting the forms you need without the help of a lawyer. This Interactive Form does not create a lawyer-client relationship between you and Community Legal Services of Mid-Florida, or any lawyer, any other legal services program or legal aid program. This Interactive Form does not give legal advice. This Interactive Form and the documents it creates do NOT guarantee that the Court will give you temporary custody.

II. Why ask for Temporary Custody?

Temporary custody allows you to act as a parent for a child who lives with you and is not your child. Examples of what you can do are to:

a) consent to medical treatment to the child;
b) obtain medical and school records of a child; c) enroll the child in school; and
d) consent to participating in school activities.

III. Who can ask for Temporary Custody?

You must be an adult or emancipated minor to request temporary custody. You must also be an extended family member or a step-parent of the child.

An extended family member is someone who is related to the child by blood or marriage. An extended family member includes only the following relatives of the child:

niece or nephew,
brother or sister,
uncle or aunt,
first cousin,
great uncle or great aunt, grandparent,

great grandparent, or great great grandparent.

[There is a chart at end of this document showing relationships].
A step-parent can ask for temporary custody if the step-parent:

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is currently married to the parent of the child, and
is not a party in any civil or criminal case against the parent of the child.

IV. Additional Requirements for Filing a Petition for Temporary Custody.

You must also:

1) have the signed, notarized consents of both legal parents of the child.
2) or be an extended family member who is already caring full time for the child as a

substitute parent and living with the child.

If you do not have the consent of a parent, you will have to explain why the consent of that parent is not required.

The consent of a parent is not required if that parent has abandoned, abused, or neglected the child. The definition of "abandoned", "abused", and "neglected" are found in Florida Statutes Section 39.01[http://www.flsenate.gov/Laws/Statutes/2012/39.01].

If you do not have the consent of a parent, you should speak with a lawyer to learn how to show the child was "abandoned", "abused", or "neglected" by the parent.

If you do not know where to serve a parent with a summons, you may be able to serve the Summons by publication. This Interactive Form does NOT handle service by publication. You will have to speak to a lawyer to find out how to serve someone by publication.

V. What if you do not meet the above qualification?

This Interactive Form cannot be used if you do not meet the above requirements. You should talk to a lawyer about your legal options.

VI. Limitation of this Interactive Form.

This Interactive Form is intended to be used when:
1) Both parents have signed the Consents and Waivers or one parent has signed the Consent and Waiver and the other parent is deceased
2) No one else is claiming custody or visitation rights;
3) You are NOT asking for child support, visitation for the parents or a parenting plan for the parents,
4) There are no other issues for the judge to decide, and
5) There are no related cases.

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One of the forms required to be filed is a "Notice of Related Cases". A related case is one involving the same parties, children, or issues as the temporary custody case, or a case that could affect the jurisdiction of the court deciding temporary custody. If there are cases related to the temporary custody case, you should speak with a lawyer to find out how to answer the questions concerning "Related Cases" and whether you should proceed on your own.

If you will be serving a parent with a Summons, there are other forms you will need. Those additional forms are NOT produced by this Interactive Form. The Supreme Court website [listed below under "Other Resources"] has the additional forms.

VII. Filing fees.

There is a fee to file your documents with the Court. The filing fee is approximately $400. If you do not have the money to pay the filing fee, you can ask that the fee be waived. Ask the Clerk of Court for the form, "Application for Determination of Civil Indigent Status", to apply for the fee waiver.

VIII. Terminating Temporary Custody.

Either parent can ask the court to end the temporary custody. The court will end the temporary custody if:

a) all parties agree that it end, or
b) the judge finds that ending the temporary custody is in the child's best interest.

IX. How long does it take to complete this Interactive Form

It should take approximately 30-60 minutes to answer the questions and generate the forms.

You can save your answers on-line. You then can complete the Interactive Form in several sessions. Your answers are password protected and remain on-line for 6 months.

X. List of Forms produced by this Interactive Form

  1. Civil Cover Sheet,

  2. Petition for Temporary Custody by an Extended Family Member,

  3. UCCJEA Affidavit,

  4. Notice of Related Case,

  5. Waiver and Consent of the mother, or Summons and Sheriff's Service

    Memorandum for mother,

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6. Waiver and Consent of the father, or Summons and Sheriff's Service Memorandum for father.

In appropriate situations the following are also produced:

  1. Notice of Hearing,

  2. Order Granting Temporary Custody

XI. Additional Resources

  1. To find an Lawyer:
    Contact the County Bar Lawyer Referral Service in your county or call the Florida Bar Referral Service at 1-800-342-8011.

  2. To locate a Legal Aid office in your area, go to http://www.floridalawhelp.org. OR

    If you live in Citrus, Flagler, Hernando, Lake, Marion, Osceola, Putnam, Sumter, or Volusia County, you can apply on-line for assistance from Community Legal Services of Mid-Florida at http://applyforhelp.clsmf.org.

    If you live in Seminole County call the Seminole County Bar Association Legal Aid Society at (407) 834-1660.

    If you live in Brevard County call the Brevard County Legal Aid at (321) 631-2500.

    If you live in Orange County call the Legal Aid Society of the Orange County Bar Association at (407) 841-8310.

  1. To locate a Family Law Self Help Center in your area go to

    http://www.flcourts.org/gen_public/family/self_help/map.shtml

  2. The Supreme Court website has the approved family law forms and General Information for Self-Represented Litigants. Go to http://flcourts.org and click on Family Law Forms.

  3. Florida Statutes can be found in most public libraries and are on-line at http://www.flsenate.gov/Laws/Statutes.

  4. The statute for Temporary Custody is found in Florida Statutes Chapter 751 [http://www.flsenate.gov/Laws/Statutes/2012/Chapter751].

XII. Information you NEED to complete the forms.

You will save time if you collect the following information before starting the Interactive Form.

A. Information about the legal mother:

Name:
Current address:
Whether she will sign the consent and waiver for the temporary custody: If deceased, you will need a certified copy of the proof of death.

B. Information about the legal father:

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Name:
Current address:
Whether he will sign the consent and waiver for the temporary custody: If deceased, a certified copy of the proof of death.

C. If a parent will not sign the consent and waiver:

The specific acts or omissions of the parent which demonstrate that the parent has abused, abandoned, or neglected the child. The definition of "abandoned", "abused", and "neglected" are found in Florida Statutes Section 39.01 [http://www.flsenate.gov/Laws/Statutes/2012/39.01].

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D. For each minor child involved:

Name:
Date of Birth:
Place of Birth:
Gender:
Current Address:
Your relationship to the minor child:
Where the lived for the past 5 years including the following:

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Dates (From/To )

____/___

Address, city, and state where child lived

Name and present address of person child lived with

That person's Relationship to the child

E. Information about your request for temporary custody:

How long do you want the temporary custody to last?
What is the reason you are asking for this amount of time?
Why it is in the best interest of the child that you have temporary custody?

F. Custody cases

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1. If you have participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or another state, concerning custody of or time-sharing with a child subject to this proceeding. For each proceeding, state:

Name of each child:
Type of proceeding:
Court and state:
Date of court order or judgment (if any):

2. If you have information about other custody or time-sharing proceedings in Florida or any other state concerning a child subject to this proceeding which you have not participated, state:

Name of each child:
Type of proceeding:
Court and state:
Date of court order or judgment (if any):

G. Other People who claim custody

If you know someone who is not a party to this proceedings but who has physical custody or claims to have custody, visitation, or time-sharing with any child subject to this proceeding, for each such person, state:

Name and address:
Whether the person has physical custody, claims custody rights or claims visitation or time-sharing:

H. Child Support Cases
If any child is subject to an existing child support order(s), for each Order:

Name of each child subject to the child support order: Type of proceeding:
Court and address:
Date of court order/judgment (if any):

Amount of child support paid and by whom:

I. Related Cases
If there are related cases, for each related case:

Case Name(s): Petitioner: Respondent:
Case No.:
Division;
Type of Proceeding:

____ Dissolution of Marriage ____ Adoption
____ Paternity ____ Juvenile Dependency
____ Custody ____ Juvenile Delinquency
____ Child Support ____ Criminal
____ Termination of Parental Rights ____ Mental Health
____ Domestic/Sexual/Dating/Repeat ____ Modification/Enforcement/Contempt Violence Proceedings
____Injunctions

____Other {specify}

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The state where case is in: ____ Florida ____ Other State: (specify the State)__________ Name of Court where case was decided or is pending (for example, Fifth Circuit Court,

Marion County, Florida) ___________________
Title of last Court Order/Judgment (if any) _____________
Date of Court Order/Judgment (if any):____________
Relationship of cases:
___ pending case involves same parties, children, or issues;
___ may affect court’s jurisdiction;
___ order in related case may conflict with an order in this case;
___ order in this case may conflict with previous order in related case.

J. Order of Protection

If you are aware of temporary or permanent orders for protection entered in Florida or another state on behalf of or against you, a parent, or the child, state the name of the court entering the order and the case number.

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