Important Information to Review Before Filling Out Your Forms
There is no lawyer-client relationship.
Brandon Legal Group is providing this information, originally provided by the Florida Bar through https://www.floridalawhelp.org/ . It is provided without warranty, and does not create a lawyer-client relationship. We hope that you find this helpful. In the event that your matter proves more than you are able to do “Pro Se” (without legal counsel) Feel free to contact our office for a free initial consultation.
By following the link, you are completing an Interactive Form and selecting the forms that you require without the assistance of a lawyer. This Interactive Form does not establish a lawyer-client relationship between you and Brandon Legal Group, any lawyer, or any other legal services or legal aid program. This Interactive Form is not intended to provide legal advice. This Interactive Form and the documents it generates DO NOT GUARANTEE that you will be granted temporary custody by the Court.
Why should you seek Extended Family Temporary Custody?
Temporary custody enables you to act as a parent for a child who lives with you but is not your biological child. You can, for example, consent to medical treatment for the child, obtain medical and school records for the child, enroll the child in school, and consent to participation in school activities.
Who has the authority to seek Extended Family Temporary Custody?
To request temporary custody, you must be an adult or an emancipated minor. You must also be a member of the child’s extended family or a stepparent.
Someone who is related to the child by blood or marriage is considered an extended family member.
Only the child’s relatives are considered extended family members can seek temporary custody if the step-parent is currently married to the child’s parent and is not a party in any civil or criminal case against the child’s parent. To be considered eligible to seek temporary custody you should have one of the following relationships with the child.
- a niece or nephew,
- a brother or sister,
- an uncle or aunt,
- a first cousin,
- a great uncle or great aunt,
- a grandparent,
- a great grandparent, or
- a step-parent
Is there anything else I need to know before filing a Petition for Temporary Custody?
You must also have the signed, notarized consents of the child’s legal parents, or an extended family member who is already caring for the child full-time as a substitute parent and living with the child.
If you do not have the consent of a parent, you must explain why that parent’s consent is not required.
If a parent has abandoned, abused, or neglected the child, parental consent is not required.
Section 39.01 of the Florida Statutes defines “abandoned,” “abused,” and “neglected.”
If you do not have the consent of a parent, you should consult with a lawyer to learn how to demonstrate that the parent “abandoned,” “abused,” or “neglected” the child.
If you do not know where to serve a summons on a parent, you may be able to serve the Summons through publication.
This Interactive Form DOES NOT SUPPORT SERVICE BY PUBLISHING. To find out how to serve someone by publication, you’ll need to consult with a lawyer.
What if you don’t meet the prerequisites for Extended Family Temporary Custody?
If you do not meet the above requirements, you will be unable to use this Interactive Form. You should consult with an attorney about your legal options.
Is there anything that this Extended Family Temporary Custody Interactive Form can’t do?
When both parents have signed the Consents and Waivers, or when one parent has signed the Consent and Waiver and the other parent is deceased, this Interactive Form should be used.
This form There are no other parties claiming custody or visitation rights; you are not requesting child support, visitation for the parents, or a parenting plan for the parents; there are no other issues for the judge to decide; and there are no cases that are related.
A “Notice of Related Cases” is one of the forms that must be filed. A related case is one that involves the same parties, children, or issues as the temporary custody case, or one that may affect the court’s jurisdiction in deciding temporary custody. If there are cases related to the temporary custody case, you should consult with a lawyer to determine how to answer the “Related Cases” questions and whether you should proceed on your own.
Other forms will be required if you are serving a Summons on a parent. This Interactive Form does not generate those additional forms. The additional forms are available on the Supreme Court’s website.
How much do the filing fees cost?
There is a fee for submitting documents to the Court. The filing fee is around $400. If you do not have the funds to pay the filing fee, you may request that it be waived. To apply for the fee waiver, ask the Clerk of Court for the “Application for Determination of Civil Indigent Status.”
How do I get out of temporary custody?
Either parent may petition the court to terminate temporary custody. The court will terminate temporary custody if:
- all parties agree to do so, or
- the judge determines that terminating temporary custody is in the best interests of the child.
How long will it take to finish this Extended Family Temporary Custody Interactive Form?
Answering the questions and creating the forms should take about 30-60 minutes.
You can save your responses online. You can then complete the Interactive Form in multiple sessions. Your responses are password-protected and will be available online for 6 months.
This Interactive Form generates the following forms:
- Civil Cover Sheet,
- Petition for Temporary Custody by an Extended Family Member,
- UCCJEA Affidavit,
- Related Case Notice,
- Mother’s Waiver and Consent, or Summons and Sheriff’s Service
- Mother’s Memorandum
- Father’s Waiver and Consent, or Summons and Sheriff’s Service
- Father’s Memorandum
The following are also produced in appropriate situations:
- Hearing Notice
- Order Granting Temporary Custody
What information do I need before I begin filling out the online extended family temporary custody interactive form?
You can save time by gathering the following information before beginning the Interactive Form.
The following information is available about the legal mother:
- Present address
- Whether she will sign the temporary custody consent and waiver:
- If the person is deceased, you will need a certified copy of the death certificate.
The following information is available about the legal father:
- Present address:
- If he will sign the consent and waiver for temporary custody:
- If he is deceased, a certified copy of the death certificate.
- If a parent refuses to sign the consent form and waiver:
- The specific acts or omissions of the parent that demonstrate abuse, abandonment, or neglect of the child. Section 39.01 of the Florida Statutes defines “abandoned,” “abused,” and “neglected.”
For each minor child involved, fill out the following form:
- Date of Birth
- Place of Birth
- Current Address
- Your relationship to the minor child
- Where the child lived for the previous 5 years, including the following dates (From/To)
- Address, city, and state where child lived
- Name and current address of person child lived with
- That person’s Relationship to the child
Information about your temporary custody request:
How long do you intend to keep the temporary custody?
- What is the reason for your request for this amount of time?
- Why is it in the child’s best interests for you to have temporary custody?
In custody cases, what information do I require?
If you have been a party, witness, or otherwise involved in any other litigation or custody proceeding in this or another state involving custody of or time-sharing with a child subject to this proceeding.
Declare the following for each proceeding:
- Each child’s name
- The type of proceeding
- The court and state
- The date of the court order or judgment (if any)
If you have knowledge of any other custody or time-sharing proceedings in Florida or any other state involving a child subject to this proceeding in which you have not participated, please provide the following information:
- Name of each child
- Type of proceeding
- Court and State
- Date of court order or judgment (if any)
What information do I require about other people who have filed for custody?
If you know someone who is not a party to these proceedings but has physical custody or claims to have custody, visitation, or time-sharing with any child subject to these proceedings, please provide the following information for each such person: • Name and address • Whether the person has physical custody, claims custody rights, or claims visitation or time-sharing
- What information do I require for child custody proceedings?
- If any child is subject to an existing child support order(s), complete the following for each Order:
- The name of each child subject to the child support order; the type of proceeding; the court and address; and the date of the court order/judgment (if any)
- The amount of child support paid and who pays it
What information about related cases do I require?
If there are related cases, for each one:
- Petitioner: Respondent
- Case No.
- Type of Proceeding (Marriage Dissolution, Adoption, Paternity, Juvenile Dependency, Custody, Child Support, Criminal, Termination of Parental Rights, Mental Health, Domestic/Sexual/Dating, Modification/Enforcement/Contempt, Violence Proceeding, Injunctions, Other)
- The state in which the case is located;
- The name of the court where the case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida); and
- The title of the most recent court order/judgment (if any)
- Court order/judgment date (if any)
- Case Relationship:
- An ongoing case involves the same parties, children, or issues that may affect the court’s jurisdiction.
- An order in a related case may clash with an order in this case. • An order in this case may clash with a previous order in a related case.
What information do I need about protection orders?
If you are aware of any temporary or permanent orders for protection issued in Florida or another state on behalf of or against you, a parent, or the child, please provide the name of the court that issued the order as well as the case number.
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