Your Experienced Tavares Attorneys For Temporary Custody By Extended Family
Temporary custody by extended family is the name of the legal proceeding in the State of Florida for the Court-ordered care and protection of a child by a family member other than or in addition to the child’s parent. It is regulated under Chapter 751 of the Florida Statutes and can occur through voluntary or involuntary means. A temporary custody by extended family order may modify the rights and responsibilities of a parent toward their child, but does not terminate the parent’s rights to the child. There are many reasons that a minor child would require the legal oversight of another person in lieu of their biological parents.
If a parent recognizes that they are having issues adequately caring for their child, temporary custody by extended family can be granted voluntarily. Or, if the parent does not agree, but the Court finds that certain grounds exist, such as that the child has been abused, abandoned, or neglected by their parent, the Court can order temporary custody by extended family without the parents’ consent.
Providing Care For Children
The purpose of granting temporary custody for a child is to protect the child and to give the extended family member legal authorization to make decisions for the child, such as consenting to medical care and treatment, obtaining medical or school records, enrolling the child in school, and granting permission for extracurricular activities. The process of obtaining temporary custody of a child by extended family begins when a person files a petition with the intention of providing legal oversight and care of the child. While having temporary custody of a child, the petitioner can request child support payments, and there may be an assigned visitation schedule for the parents.
Providing Compassionate And Experienced Representation
Without a signed consent from the parents of the child, the Court will schedule a hearing to address the allegations in the petition. If clear and convincing evidence of harmful family issues exist, an order for temporary custody may be granted. The Court may order the reunification of the family if the issues that gave rise to the temporary custody have been ameliorated.