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Tampa Divorce Attorney | Tampa Temporary Custody by Extended Family Member Attorney

Tampa Temporary Custody by Extended Family Member Attorney

In various circumstances, it sometimes becomes necessary for a minor child to go live with a grandparent, aunt, or uncle. But if staying with a close family member, such as a grandparent, is not feasible, it may be that staying with an extended family member is the best, or only, option. Florida Statute 751.01 acknowledges that minor children often live with extended family members who help care for them, and sometimes it is in the child’s best interests for the child to be temporarily placed in custody with an extended family member. If you are an extended family member seeking temporary custody of a relative child, our Tampa temporary custody attorneys at The Law Office of Laura A. Olson, P.A. can assist you with the legal process.

Who Can Petition for Temporary Custody?

Temporary custody can be sought by an extended family member that is within the third degree to the child by either blood or marriage or by a step-parent as long as they are still married to the parent and have no pending civil or criminal cases against one of the child’ s parents. In some occasions it might also be possible to secure temporary custody under the relationship of fictive kin. This means that while there are no blood ties, the relationship is an emotionally significant one to the child. Examples of who can seek temporary custody under these laws include:

  • Brother or sister;
  • Grandparents;
  • Uncle or aunt;
  • Great uncle or aunt;
  • First cousin;
  • Niece or nephew;
  • Neighbor;
  • Godparent;
  • Sibling’s adoptive parent;
  • Close family friend; and
  • More.

Why Seek Temporary Custody?

While the child already lives with you, custody can allow an adult to make decisions regarding a child’s medical treatment, help the adult enroll the child into school, and give the adult the ability to sign the child up for extracurricular activities.

When You Can Seek Temporary Custody

According to the Florida Bar, a person can file a petition for temporary custody of a child when they either:

  • Have the signed, notarized consents of the child’s legal parents; or
  • They are an extended family member caring full time for the child in the role of substitute parent and with whom the child is already living with.

If you do not have the parent’s consent, you will have to have a reason as to why you were unable to obtain it.

The Law Office of Laura A. Olson, P.A. Can Assist You With Custody Cases

If a child’s parent becomes incapacitated due to injury or illness,  incarcerated, or suddenly passes away, the most important thing that any family member can do is to immediately look out for the child’s best interest. If you are seeking temporary custody of a child that is part of your extended family, you need to work with an experienced attorney, as you may be up against a difficult set of circumstances to gain custody. To learn more, call The Law Office of Laura A. Olson, P.A. at 813-222-0888 to schedule a free consultation today.

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