What Is Temporary Custody?
Temporary custody in Florida refers to a short-term legal arrangement where one adult is given custody of a child until a more permanent custody order is decided. This can happen during divorce proceedings, emergency situations, or when parents are unavailable.
Temporary custody may be awarded to a parent, grandparent, or other responsible adult, depending on the child’s best interests and the urgency of the situation.
Who Can Request Temporary Custody?
Temporary custody is often requested by:
- One parent during separation or pending divorce
- A relative (usually a grandparent or sibling) when parents are incapacitated
- A third party who can show the parents are unfit or absent
In Florida, relatives can petition under Chapter 751, Florida Statutes for temporary custody if both parents consent, or if the court finds it’s necessary.
Emergency vs. Temporary Custody
It’s important to distinguish between emergency custody (for immediate safety risks) and temporary custody (a more structured, short-term legal order). Emergency custody often involves ex parte hearings, while temporary custody is generally part of an ongoing case or voluntary arrangement.
How to File for Temporary Custody
To obtain temporary custody, the petitioner must:
- File a Petition for Temporary Custody in the circuit court
- Notify both parents (unless waived for safety)
- Attend a court hearing
- Provide documentation and evidence that custody is in the child’s best interests
A court may also order parenting plans and timesharing arrangements as part of the temporary order.
Can It Be Modified or Made Permanent?
Yes — a temporary custody order can be modified if circumstances change or converted into a permanent custody order through further court proceedings. It’s important to follow all legal steps to ensure enforceability and protect your custodial rights.
Need Help with Temporary Custody?
If you’re considering temporary custody or facing a situation where it may be needed, consulting a Florida family law attorney can help protect your rights and avoid legal pitfalls.
📞 Contact our office today to discuss your options confidentially.
