Temporary Custody by Extended Family Member

Temporary Custody by Extended Family Member

What happens when you need to care for a child of your family, perhaps a grandchild, or a niece/nephew? Perhaps the parent(s) have left the child in your custody and has asked that you care for the child for a short time until they can get back into a position where they can care for the child. However, since you have no legal right to the children, what can you do if they need medical attention, or some other kind of decision needs to be made that only a person with custody can give?

Florida Statute §751 grants the court the power to give an “extended family member” custody over the child. An extended family member is defined as “A relative of a minor child within the third degree by blood or marriage to the parent; or the stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party.”

Once custody is granted to an “extended family member” either or both of the child’s parents may petition the court to modify or terminate the order granting temporary custody. The court shall terminate the order upon a finding that the parent is a fit parent, or by consent of the parties.

We use the remedy in law to help relatives obtain custody over the children of family members that need help raising their children. Once the custody is obtained by an “extended family member,” it can only revert back to the parent, if that parent is fit to raise the child.

Trust an Experienced Family Law Attorney to Handle Your
Temporary Custody by Extended Family Member Case.

Florida Law on Temporary Custody by Extended Family Member is not easy and has difficult rules and procedures. Do not do it alone. I always offer a free consultation. There is no better way than sitting down face-to-face with me to learn what your rights are and to get what you deserve. If you are reading this I am sure you know someone, a friend or family member, that has a horror story regarding their own experience. That is why you should always consult an attorney that practices Divorces and Family Law and nothing else. Someone like me. I do not practice criminal law or elder law, or many other types of law. I am Florida Divorce and Family Law attorney that understands the laws completely, because I handle family law matters on a regular basis. I will always listen compassionately and attentively to your needs and concerns and provide you with the best advice for your particular case.