An extended family member can obtain Florida temporary custody by extended family under Chapter 751 of the Florida Statutes by filing a verified petition in the circuit court where the child lives. The court grants the petition if both parents give signed, notarized consent, or, in a contested case, if the petitioner proves by clear and convincing evidence that a parent has abused, abandoned, or neglected the child. The order does not end parental rights, but it gives you legal authority to handle medical care, school enrollment, and other daily decisions for the child.
Who Qualifies to File
Chapter 751 limits who can bring a petition. Florida’s definition of “extended family member” covers three groups:1Online Sunshine. Florida Code 751.011 – Definitions
- Relatives within the third degree by blood or marriage to a parent. That includes grandparents, siblings, aunts, uncles, great-grandparents, and first cousins.
- A stepparent currently married to one of the child’s parents, provided the stepparent is not an adverse party in a pending divorce, domestic violence, or other civil or criminal case involving either parent.
- Fictive kin, meaning an unrelated adult with a close, continuing family-like relationship with the child, as defined in Chapter 39.
If you do not fit one of these categories, Chapter 751 is not the right vehicle.
The Two Ways to Bring a Petition
There are two paths in.2Florida Senate. Florida Code 751.02 – Temporary or Concurrent Custody Proceedings; Jurisdiction The first is having the signed, notarized consent of the child’s legal parents. When both parents agree, the process is much simpler.
The second applies when you are already caring for the child full time as a substitute parent and the child currently lives with you. You do not need consent to file under this path, but you will have to address parental rights at the hearing, which raises the difficulty considerably.
Temporary Custody vs. Concurrent Custody
Chapter 751 actually creates two arrangements, and it is worth naming the difference before you file. Temporary custody is for situations where the parents cannot care for the child and you are stepping in as substitute parent. Concurrent custody means you share custodial rights alongside parents who remain actively involved.
The distinction matters if a parent pushes back. A written objection from a parent blocks concurrent custody outright; the court must then offer you the chance to convert the case to a temporary custody petition, and if you decline, the case is dismissed without prejudice.3Justia Law. Florida Code 751.05 – Order Granting Temporary or Concurrent Custody Concurrent custody also carries an extra eligibility rule: you must have physical custody now, or have had it for at least 10 days in any 30-day period within the last 12 months, and you cannot already hold written parental authorization sufficient to handle the child’s needs.2Florida Senate. Florida Code 751.02 – Temporary or Concurrent Custody Proceedings; Jurisdiction Most relatives stepping in because a parent is incarcerated, incapacitated, or dealing with substance issues pursue temporary custody.
What Goes in the Petition
The petition is verified, meaning you sign it under oath. Florida Family Law Form 12.970(a) on the Florida courts website gives you the standard format.4Florida State Courts System. Petition for Temporary Custody by Extended Family The statute requires you to include:5Florida Senate. Florida Code 751.03 – Petition for Temporary or Concurrent Custody; Contents
- The child’s name, date of birth, and current address.
- Both parents’ names and current addresses.
- Where the child has lived, and with whom, for the past five years, plus any custody proceedings in any state.
- Your address and your relationship to the child.
- The basis for the petition: either the parents’ consent, or a description of the specific acts showing abuse, abandonment, or neglect.
- The time period you are seeking custody for, with reasons.
- Any existing child support orders, protective orders, or dependency cases involving the parents or child, with case numbers.
- Any proposed plan for eventually returning custody to the parents, and any other provisions bearing on the child’s best interest.
The petition must state that temporary custody is in the child’s best interest. Attach the parents’ notarized consent if you have it.
Filing, Fees, and Service
File the petition with the clerk of the circuit court in the county where the child lives. Filing fees vary by county and generally run a few hundred dollars. If you cannot afford the fee, apply for civil indigent status through the clerk; applicants at or below 200 percent of the federal poverty guidelines qualify for fee relief.6Online Sunshine. Florida Code 57.082 – Determination of Civil Indigent Status
After filing, both parents must receive formal notice through service of process before the court can act, either by personal service or by constructive service such as publication if a parent’s location is unknown.7Online Sunshine. Florida Code 751.04 – Notice and Opportunity to Be Heard If you cannot find a parent, document your search efforts before asking the court for notice by publication. Budget for a professional process server, typically $20 to $200, plus newspaper publication costs if you need constructive service.
The Home State Question
If the child recently moved to Florida from another state, jurisdiction matters. Under the Uniform Child Custody Jurisdiction and Enforcement Act, Florida courts generally have jurisdiction only if Florida is the child’s “home state,” meaning the child has lived here for at least six consecutive months immediately before filing.8Online Sunshine. Florida Code 61.514 – Jurisdiction Temporary absences count toward the six months. For an infant under six months old, the home state is wherever the child has lived since birth. If the child has not been in Florida long enough, you may need to file in the previous home state.
What Happens at the Hearing
The judge reviews evidence about the child’s need for care, your eligibility, and any objections. When the parents have consented or do not appear to object, the court grants the petition if the arrangement serves the child’s best interest.3Justia Law. Florida Code 751.05 – Order Granting Temporary or Concurrent Custody
Contested cases are heavier. To grant temporary custody over a parent’s objection, the court must find, by clear and convincing evidence, that the parent is unfit, which the statute defines as having abused, abandoned, or neglected the child under the Chapter 39 definitions. Clear and convincing evidence is a high bar, well above the “more likely than not” standard used in most civil cases. Expect to bring concrete documentation: medical records, police reports, Department of Children and Families records, school attendance records, or witness testimony. The parents can put on their own evidence and cross-examine your witnesses. The court may also order a home study before issuing a final order.
The order can include a reasonable transition plan for eventually returning custody to the parents, and it may grant the parents visitation if the court finds visitation to be in the child’s best interest.
What the Order Lets You Do
A granted temporary custody order gives you specific authority you would otherwise lack:9Florida Senate. Florida Code 751.01 – Purpose of Act
- Consent to all necessary and reasonable medical and dental care, including non-emergency surgery and psychiatric care.
- Enroll the child in school and make decisions about testing and placement, including exceptional education programs.
- Obtain copies of the child’s medical, dental, psychiatric, and educational records, and the birth certificate.
- Do “all other things necessary for the care of the child,” a statutory catch-all.
Without this order, schools often refuse to enroll a child through a non-parent, and hospitals may limit your authority beyond emergency treatment. The court order creates the recognized legal relationship that fixes those problems. Federal law reinforces the school piece: under the Family Educational Rights and Privacy Act, a person acting as a parent in the absence of a parent or guardian holds full parental rights over education records, so a court-ordered temporary custodian can access records, request corrections, and control disclosure.10National Center for Education Statistics. Forum Guide to Protecting the Privacy of Student Information – State and Local Education Agencies
Child Support and Financial Help
The court can order the parents to pay child support to you as part of the temporary custody order, but only if the parent was properly served, the petition specifically requested support, and there is evidence of the parent’s ability to pay.3Justia Law. Florida Code 751.05 – Order Granting Temporary or Concurrent Custody If a support order already exists, the court can redirect those payments to you.
Florida also runs a Relative Caregiver Program that pays monthly amounts to relatives caring for children placed through the child welfare system, with rates set by the child’s age. That program applies when the child has been adjudicated dependent and placed with a relative under court-ordered custody with department supervision, which is a separate track from a straight Chapter 751 petition. A “child-only” TANF grant may also be available so that the child’s basic needs are covered without your income being counted in the eligibility determination.
Changing or Ending the Order
Temporary custody orders are not permanent. Either parent can petition the court at any time to modify or terminate the order. The court can modify it if all parties consent or if modification serves the child’s best interest, and it must terminate the order if it finds the parent fit to resume custody or if all parties agree to end it.3Justia Law. Florida Code 751.05 – Order Granting Temporary or Concurrent Custody
Termination is not necessarily an immediate handoff. If the original order was entered on a finding of unfitness and the child has lived with the relative for a significant period, the court can set transition conditions on its own initiative, weighing how long the child has been in the relative’s home, the child’s developmental stage, and the time needed for a safe transition.
You can also go back to court yourself as the custodian, for instance to request child support, adjust visitation, or address new circumstances. The petition asks for a specified custody period with reasons, so returning to the court as circumstances change is built into how the statute works.5Florida Senate. Florida Code 751.03 – Petition for Temporary or Concurrent Custody; Contents