Temporary Custody by Extended Family


Relatives often take care of relatives who are minor children. In fact, as an divorce person I see relatives provide good care when its needed There is a legal way- temporary custody by extended family– that is used to get temporary custody of a relative child. The family member is:

Temporary custody by a relative can have many benefits for the entire family.
Extended Family
  • Siblings and half-siblings.
  • Grandparents
  • Aunts and uncles
  • Nephews and nieces
  • Great-grandparents, great grandchildren.
  • Stepparent

You can quickly obtain temporary custody if either you have the nod of the parents or you are an extended family member whom is caring for the children full time and the children are now living.

Filing your petition for temporary custody by extended family Florida

If you meet the above then you can file a form called a petition with the Clerk in the county where the kids live. If you are a non-lawyer, you may either file in person or by computer Some of the info that you must have on your petition are:

  • Your tie to the child and parent.
  • Your address
  • The names and address’ of the legal parents.
  • Agreement of the parents (if you have them)
  • If you don’t have agreement, the reasons why the parents are bad for the kids.

If you have the parent’s agree for temporary custody and the case and the parents are not fighting your custody. contact the clerk to schedule a hearing in front of the judge. Also send a notice of the hearing to the parents, even if have written agreements.

File the following forms with your petition:

Dead Parent?

If one of the parents is dead, you will need to file a copy of proof of death. Get this from the Florida Department of Health’s Death Certificate Order’s Page.

If you don’t have the blessing of the parents for temporary custody you must notify the parents by a legal form. You hire a person who will “serve” the papers on the parents and will tell the clerk. This is called personal service. This webpage will provide you with instructions on how to obtain personal service.

If you can’t find the parents then you put an ad in a local paper.

The parents have 20 days to answer.

Next, If the parents do not respond , you then may file for default. Also, you will have to file a notice for trial and send a copy to the parents. Once you do this, you can set up a final hearing (trial) with the clerk or court staff.

Sometimes a parent files an answer saying no to custody. . Sometimes you can’t fix these issues. If not, you must file a notice of trial to ask for a final hearing. Also, some courts will order mediation before setting a case for trial. The court or family law staff will tell you if there will be mediation.

How long do I have temporary custody?

Temporary custody orders usually don’t have an end date. But, either parent may ask the court to change or end the order giving temporary custody.

Please contact Joel Lipinski for more info. Call him at 727-643-8964. Or fill-in the form below. You will get a fast reply.