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Child Custody: Temporary Custody by Extended Family

Once upon a time, it wasn’t out of the ordinary for families to decide among themselves who would care for the children. In some instances, grandchildren were raised by grandparents or aunts and uncles would step in and raise nieces and nephews. While this happens every day across America, it is becoming more and more imperative for temporary child custody to become formalized with the court system.

What may start out as temporary custody could certainly become permanent over time. In other cases, emergency temporary custody may need to be established until a more formal custody arrangement is determined. In our society, from school systems to pediatrician’s offices, it is becoming imperative for family members to understand the complexities of temporary custody agreements.

First, what defines an extended family member?

“A relative of a minor child within the third degree by blood or marriage to the parent; or the stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party.” – Florida statute

Next, what are some common circumstances resulting in temporary custody agreements?
  • Substance abuse, drug or alcohol-related problems
  • Abuse or neglect
  • Financial difficulties
  • Illness or death that may lead to an emergency, temporary custody agreement until a formalized temporary custody agreement can be determined
Lastly, obtaining temporary custody of a minor is best handled with the help of a legal team.

Better yet, one with extensive experience navigating the nuances of Florida’s statutes. When it comes to the welfare of a child and the emotions of family during trying times, having a trusted individual to assist with the legalities can be of great value and importance.

If you’re dealing with custody issues and are in need of legal advice, give us a call. Our family law team will be happy to answer your questions.