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Petition for Temporary Custody By Extended Family - Florida Courts - flcourts 2025

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The document provides instructions for using Florida Supreme Court Approved Family Law Form 12.970(a), which is a petition for temporary custody of a child by an extended family member under Chapter 751 of Florida Statutes. It outlines eligibility criteria, necessary consents from legal parents, filing procedures, and requirements for electronic filing and service. The form is intended for relatives or stepparents seeking temporary custody and includes guidelines on how to proceed if parents contest the petition or if there are issues regarding parental fitness.

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Click ‘Get Form’ to open the Petition for Temporary Custody By Extended Family in our editor.
Begin by entering your full legal name as the Petitioner at the top of the form. Ensure all information is accurate and complete.
Fill in the details of the minor child(ren) for whom you are seeking temporary custody, including their names and dates of birth.
Complete the Uniform Child Custody Jurisdiction and Enforcement Act Affidavit section, ensuring it is signed under oath and filed with your petition.
Indicate your relationship to the child(ren) and whether you have consent from their legal parents. If not, provide reasons for seeking custody.
Review all sections carefully, ensuring that any necessary attachments, such as consents or proof of death, are included before finalizing your document.
Sign the form in front of a notary public or deputy clerk. After signing, file the original with the circuit court clerk and keep a copy for your records.

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How to get a temporary custody order in Florida?

Temporary Custody by an Extended Family Member. If you are seeking temporary custody, you are seeking to function as a parent for a child who lives with you but is not your child. Temporary custody takes away the parents rights to make decisions about their child and allows another person to legally act as the parent.

What does temporary custody by an extended family member mean?

Process: A parent will file papers with the court outlining their proposed custody arrangement. The other parent has an opportunity to respond. Many courts will require the parents to attend mediation to try and docHub an agreement before a judge makes a decision at a hearing.

How does temporary custody work?

Temporary custody is a legal arrangement where a court grants someone custody of a child for a specific period. This type of custody is often used to address immediate needs or situations where a childs living arrangement must be stabilized quickly.

How long does it take for temporary custody?

Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your childs other parent may not be in attendance to present their side.

Why would a judge deny a temporary custody order?

Insufficient Evidence: If the petition doesnt provide enough evidence to prove that the child is in immediate danger, the judge may deny the ex parte order.

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What is temporary custody by extended family member?

Temporary custody allows a family member to exert legal rights over the child. This includes making decisions on behalf of the child concerning their medical care, schooling, and religious upbringing. The family member would essentially have the same rights as the parents in these situations.