In family law, it’s common to see grandparents, aunts, uncles, or even older siblings step up to care for children during a parent’s difficult season, whether due to substance abuse, incarceration, mental health challenges, or other life disruptions. While these caregiving arrangements often begin informally and with good intentions, they can quickly become long-term situations without proper legal authority in place.
If you're an extended family member providing day-to-day care for a child, it's essential to secure temporary legal custody through the Florida court system. Without it, you may face serious limitations that affect both you and the child in your care.
Why a Court Order for Temporary Custody Is So Important
Even if a child lives with you full time and the biological parents are absent, without a formal custody order, your ability to care for the child legally is severely restricted.
Without court-approved temporary custody, you may be unable to:
Enroll the child in school
Authorize medical treatment
Access school or healthcare records
Apply for public assistance such as Medicaid or SNAP
Sign legal documents for the child
Secure housing or benefits tied to the child
Perhaps even more critically, the biological parent, regardless of their current situation, could legally reclaim the child at any time without warning. If no court order is in place, you have no legal authority to prevent this, even if it would put the child at risk.
This is why filing for temporary custody in Florida is not only beneficial, it’s essential for the child’s well being and your peace of mind.
How to Get Temporary Custody as an Extended Family Member in Florida
Under Chapter 751 of the Florida Statutes, extended family members can petition the court for temporary custody of a minor. This allows caregivers who are already providing for the child to obtain legal authority.
Who Can File for Temporary Custody?
Eligible family members include:
Grandparents
Adult siblings
Aunts and uncles
Stepparents (under certain conditions)
To qualify, you must either:
Have written, notarized consent from the child’s parents
Show that the child already lives with you and the parents are unfit, absent, or unwilling to provide care
Steps to File for Temporary Custody in Florida
File a Verified Petition
Submit a petition for temporary custody in the circuit court of the child’s county. This document outlines the current care arrangement and explains why the custody order is in the child’s best interest.Serve or Obtain Parental Consent
If both parents agree to the arrangement, they can sign a consent form. If not or if they cannot be located, you’ll need to formally serve them notice of the court proceedings.Attend a Court Hearing
The court may schedule a hearing. If there’s no parental objection, the process is often quick. If one or both parents contest the petition, a judge will evaluate the circumstances and decide accordingly.Receive a Court Order
If the court grants temporary custody, you’ll receive a formal order granting legal authority. This gives you the power to make decisions about education, healthcare, housing, and more.
Temporary Custody vs. Adoption: What’s the Difference?
It’s important to understand that temporary custody is not the same as adoption. Each serves a very different legal purpose.
Temporary Custody
Parents retain their parental rights
The arrangement can be modified or revoked
Intended for situations where parents may later resume care
The caregiver has legal authority, but parents are still legally recognized
Adoption
Parental rights are permanently terminated
The adoptive parent becomes the child’s legal parent
Adoption is permanent and rarely reversible
Requires consent from parents or a court order terminating parental rights
Temporary custody in Florida serves as a legal safety net. It offers protection and stability for the child without severing parental rights. It allows families to support one another while keeping the door open for reunification if circumstances improve.
What Happens If the Parents Become Stable Again?
One of the key benefits of temporary custody is its flexibility. If the parents become stable and are able to resume full responsibility, they can request that the court modify or terminate the custody order.
As always, the court’s priority is the best interest of the child. Any changes to custody will be evaluated through that lens.
Final Thoughts: Take Action Before a Crisis Happens
Far too often, extended family members seek legal help only after a crisis, when a child needs urgent medical care and the hospital refuses to proceed, or when a school won’t release records because the caregiver’s name isn’t on file. Sometimes, it’s when a parent unexpectedly reappears and takes the child back, and the caregiver is powerless to intervene.
Don’t wait until you’re in a legal bind.
If you’re caring for a child who isn’t legally yours, especially for an extended period, now is the time to protect both your rights and the child’s future. Temporary custody in Florida doesn’t have to be complicated or expensive, but it can make all the difference in creating a safe, stable environment for a child in need.
Need Help Filing for Temporary Custody in Florida?
If you're unsure where to start or have questions about your legal rights as a caregiver, our family law team is here to guide you through the process. We’ll make sure you have the legal tools to continue supporting the child in your care.
Contact us today to schedule a consultation and learn how we can help you secure temporary custody in Florida.
