Temporary Custody by an Extended Family Member

If you have a nephew, niece, or grandchild living with you, you may have run into a roadblock when attempting to acquire his or her birth records or passport.  Further, you may have gotten the run around when attempting to make decisions concerning the child’s education or healthcare.  Fortunately, this state has a solution in chapter 751 of the Florida Statutes.

Chapter 751 permits an extended family member to take temporary custody of a minor child, access state and other records, and make major decisions concerning a child’s upbringing.  But, keep in mind, temporary custody must be granted by a Florida court (and cannot simply be signed away by a parent), and there are strict procedural requirements that must be met.

Only an “extended family member” may petition for custody under chapter 751.  An extended family member is either (a) a relative of the minor child within the third degree by blood or marriage to a parent (i.e., the child’s older brother or sister, aunt, uncle, cousin, or grandparent) or (b) a stepparent.

Additionally, both parents of the child must consent, under oath and in writing, to the temporary custody.  If either of the parents do not consent, temporary custody will generally be denied by the Court, except under limited circumstances.

However, if the child has been living with a family member and the non-consenting parent is found to have abandoned, abused, or neglected the child, than a Florida judge may still grant temporary custody.

As mentioned above, there are strict procedural safeguards in place under chapter 751, and a person seeking temporary custody should consult with a family law attorney.

If you have questions regarding temporary custody by an extended family member, and you wish to schedule a consultation with a custody attorney in Tampa Bay, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online contact form.

About Adam B. Cordover, Attorney-at-Law

Family Diplomacy is dedicated to helping clients restructure their families privately and respectfully. We practice exclusively in out-of-court dispute resolution, with a focus on collaborative divorce and family law, mediation, direct negotiations, and unbundled legal services. We maintain this out-of-court practice because we strongly believe that family disputes should be resolved in a private conference room, not in a hostile and public courtroom environment. This unique perspective on family law stems back to Adam B. Cordover’s experience studying International Affairs in Washington, D.C., and abroad. Adam had the rare opportunity to work closely with ambassadors and diplomats from war-torn regions around the world. He traveled around the globe, learning from diplomatic leaders as they applied dispute resolution techniques to tackle seemingly impossible conflicts. It dawned on him: If these techniques can work in the complex world of International Relations, why not Domestic Relations and Family Law? This realization lead Adam to create an exclusively out-of-court practice and to bring a more peacemaking approach to family law. In his previous role as a litigation attorney, Adam witnessed parties experience the negative emotional and financial effects that long, drawn out divorce battles can have on families. As a result, Adam has become a strong proponent of the Collaborative Process, where a structure is put in place so that life’s hardest moments do not have to be any more difficult than necessary. A thought leader in the international collaborative law community, Adam successfully spearheaded an effort of the Thirteenth Judicial Circuit to draft an administrative order safeguarding the principles of collaborative family law (just the fourth such administrative order in Florida). Adam has been featured in or interviewed about collaborative practice by the Tampa Bay Times, Tampa Tribune, Orlando Sentinel, Miami Herald, Tampa Bay Business Journal, Florida Bar News, NBC, Fox 13, Bay News 9, ABC Action News, The World of Collaborative Practice Magazine, and Spirit FM 90.5. Adam regularly speaks at professional and civic organizations locally and internationally regarding the collaborative process. Adam B. Cordover is president of Next Generation Divorce, a 501(c)(3) and Florida’s largest interdisciplinary collaborative practice group with member attorneys, mental health professionals, and financial professionals throughout Hillsborough, Pinellas, Pasco, Sarasota, and Manatee Counties. Adam is also on the Executive Board and co-chair of the Research Committee of the Collaborative Family Law Council of Florida. Further, Adam is a graduate of the inaugural class of the Leadership Academy of the International Academy of Collaborative Professionals. You can learn more about us and our services at www.FamilyDiplomacy.com. Attorney Adam B. Cordover is admitted to the Florida Bar and the United States District Court, Middle District of Florida. His office is located at 412 East Madison Street, Suite 824, Tampa, Florida 33602.
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One Response to Temporary Custody by an Extended Family Member

  1. Pingback: Concurrent Custody vs. Temporary Custody | ABC Family Law Blog

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