What Is Temporary Custody?
Within the state of Florida, the biological parents will, in almost all cases, maintain full custody of their child. This remains the case throughout that child’s journey from childhood to adulthood.
Sometimes, though, a situation arises in which full-custody is either not possible or inadvisable. When this happens, temporary custody is worth considering..
What Is Custody?
Custody is a term that, within the field of family law, refers to who a child lives with and, in turn, who has the right to make important decisions on behalf of that child.
To break down those two forms of custody, there are two primary types of custody:
- Physical custody: the parent a child lives with.
- Legal custody: the parent with the ability to make important decisions for their child.
A child’s parents are, in almost all cases, the individuals who will be granted physical custody and legal custody of their children. It is rare for third-parties to be granted either form of custody.
Even though the Florida courts will rarely grant custody to third-parties, there are certain occasions when they may choose to do so. Some of the circumstances that can lead to the court granting custody to a third-party are as follows:
- The child’s parents are currently unable to take care of their child.
- The child’s parents have neglected their child.
- The child’s parents have abused their child.
- The child’s parents have abandoned their child.
Each one of these circumstances can lead to the court granting custody to a third-party. But, unlike the two forms of custody a parent can be granted, the third-party will be granted temporary custody.
What Is Temporary Custody?
Temporary custody is a form of custody that allows third-party family members to take care of children who belong to their relatives. The third-party family members that can be granted temporary custody are as follows:
- Grandparents
- Uncles & Aunts
- Nieces & Nephews
- First Cousins
- Stepparents
A third-party family member who has been granted temporary custody will have a number of rights. Some of the most notable rights, as they pertain to the child a third-party has temporary custody of, are as follows:
- The right to consent to medical treatment.
- The right to enroll in school.
- The right to access medical records.
Each one of these rights, and the many others temporary custody affords, allows a third-party to ensure the well-being of the child they are taking care of.
What Are The Requirements For Obtaining Temporary Custody?
To obtain temporary custody, a third-party must:
- Be an adult or emancipated minor.
- Be an extended family member or step-parent of the child.
- Have written consent from the child’s legal parents or explain why written consent is not possible.
Regarding the third requirement, if a parent is found to have abandoned, abused, or neglected their child, then written consent is unnecessary.
Speak With A Parenting Plans & Timesharing Lawyer
A temporary custody order will allow you to take care of your extended family member for the amount of time that is necessary. Speak with a Tampa parenting plan & timesharing lawyer today and we will assist you in obtaining temporary custody.
Source:
law.cornell.edu/wex/custody
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0751/0751.html
