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The filing fee is approximately $400. If you do not have the money to pay the filing fee, you can ask that the fee be waived. Ask the Clerk of Court for the form, \u201cApplication for Determination of Civil Indigent Status\u201d, to apply for the fee waiver.
Sibling's Guardian In order to legally gain custody of a sibling you will need to petition the court to become their guardian. Your sibling must typically be under age 18 or otherwise legally dependent, and you must be over age 18 or legally emancipated.
You may file a Petition for Temporary Custody if: You have the signed, notarized consents of the child(ren)'s legal parents; or. You are an extended family member who is caring full time for the child(ren) in the role of a substitute parent and with whom the child(ren) is (are) presently living.
Therefore, the main reasons courts in Florida allow emergency custody typically include: Child abandonment. Child abuse or mistreatment (actual or threatened) Domestic violence (actual or threatened) to a sibling or parent of the child.
Florida law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the judge's primary focus will be to find what is in the best interest of the child. Therefore, you will need to prove it is in your child's best interest for you to have full custody.
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In order for a sibling to obtain custody rights, they would have to prove to a court that both of their parents are unfit or incapable in some way or that both parents are deceased. If the parents are not deceased, they will be required to state that they do not wish to have custody over the child.
When filing, you have to pay filing and administrative fees. Petitions usually cost between $300 and $500 each. In addition, one parent has to prove that they've been a Florida resident for at least six months by providing a copy of their driver's license, state I.D. card or voter registration card.
The filing fee is approximately $400. If you do not have the money to pay the filing fee, you can ask that the fee be waived.
Florida Statute §61.534 states that, in order to issue an order granting one of the parents the ability to take emergency custody of a child, the Court must first make a determination as to whether, given the specific situation involved, the child is likely to imminently suffer serious physical harm or removal from ...
Once you file your motion, within 48 hours, a judge will review it to determine whether the circumstances merit that the court grant your request to treat it as an emergency.

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