Temporary Custody in Florida

Need Help Obtaining Temporary Custody of Your Child? Call (800) 822-5170 for Help.

Sometimes divorces are so contentious and complex that co-parenting is impossible. There are a variety of circumstances that may warrant temporary custody orders, and we are here to help you regardless of your situation. Our family lawyers at The Virga Law Firm, P.A. are committed to seeking your best interests at every important step along the way, even when that means helping you ensure your children are taken care of while you and your spouse work out the details of your divorce.

When you and your spouse do not agree on who should take care of your children or where they should live during divorce, you have three options:

• Figure it out together. Resolving your disagreement without an attorney or court intervention saves you time, energy, and frustration, and keeps you from being stuck with an arrangement you don’t like.
• Request temporary custody of your children. If granted temporary custody, you would be responsible for being your children’s primary guardian. This resolves disputes regarding where children will live, who is allowed to see them at what time, and so on. Even if your spouse has left you to care for your children, you should still consider filing for temporary custody, in order to avoid any accusations of kidnapping from your spouse.
• Propose a temporary order naming someone else as your child’s guardian. The court is always looking out for the best interests of the children involved and may consider awarding temporary custody to a non-parental family member, especially if continuing to live with one or both parents creates a volatile or unsafe environment for the children. Temporary custody may go to grandparents, aunts and uncles, and other family members, who may themselves petition for custody.

Establishing temporary custody can be a challenge, but it may be necessary to protect yourself and/or your children during divorce. When your divorce takes a toll on your children or on your ability to keep them safe, it’s time to act. Get in touch with a family lawyer right away for help.

Don’t wait and don’t put it off. If you are concerned for your child’s well-being, then send us a message to schedule your case evaluationwith a child custody lawyer in Florida.

What Is Temporary Custody?

Temporary custody typically refers to an arrangement in which a trusted non-parent is awarded parental rights for a defined period of time (usually until divorce is final and a permanent child custody arrangement is in place). This can include aunts and uncles, grandparents, cousins, or other trusted family members.

The person or people to whom a judge gives temporary child custody will have temporary parental rights, including (but not limited to):

• Ability to access important information, such as medical records
• Ability to make healthcare-related decisions and provide consent to treatment
• Placing your child in school and having access to related information

In short, someone with temporary custody will be able to make major decisions about your child’s health and well-being. However, temporary child custody isn’t always given to a relative or friend—sometimes you may be the one receiving temporary custody. There are some circumstances in which you may have to petition the court to issue a child custody arrangement for the duration of your divorce.

How Is Temporary Custody Granted?

Temporary awards regarding parental responsibility and timesharing are determined by evaluating factors related to the best interests of the minor child. The court will evaluate 22 statutory factors under Florida Statutes § 63.13(3). 

The court considers a number of factors when granting temporary custody, including:

• The abilities of each parent to cooperate and foster close parent-child relationships.
• The responsibilities of each parent when it comes to making care decisions for the child.
• The abilities of each parent to place the child’s needs ahead of their own wants and needs.
• The stability of the child’s home life and routine.
• The mental and physical health of each parent.
• The child’s home, school, and community needs.
• Any parental history of substance abuse or domestic violence.

Temporary custody can play a significant role in the court’s final decisions regarding custody, visitation, and support. It is critical that you carefully prepare to tackle any issues at your temporary custody hearing. Our attorneys can help you navigate this hearing successfully.

When Is Temporary Custody Necessary?

You may wish to do so if your spouse has abandoned you and your child (at which time you should also consider petitioning for temporary alimony). Temporary custody orders may also be very important if your spouse has taken your child, poses a danger to them, or is preventing you from seeing or caring for the child.

However, the majority of temporary custody orders stem from situations in which the conflict between the parents creates a toxic environment for the child in question, rendering either parent temporarily unfit to properly care for them.

The following are common scenarios when temporary custody is granted:

• Divorce Proceedings: Temporary custody is often established during divorce proceedings. It allows for the creation of a stable and secure environment for the child while the divorce is ongoing. This ensures that both parents continue to have access to the child during this turbulent time.
• Separation: In situations where parents are living separately but have not yet formalized their divorce, temporary custody can be essential. It helps maintain consistency in the child's life and ensures that their needs are met.
• Child's Safety and Well-being: The safety and well-being of the child are paramount. Temporary custody may be granted if there are concerns about the child's immediate safety due to factors such as abuse, neglect, substance abuse, or domestic violence in the household.

Regardless of the particulars of your conflict with your spouse, our firm is here to help you look out for the best interest of your child. Whether you are going to war with your spouse in court or are heartbroken that your spouse has taken your child from you, you deserve to have a say in where you child lives and who cares for them in the interim.

Regaining Custody If You Lose It

If you are not awarded temporary custody, there is still a chance that you can be awarded custody or visitation once a divorce is final. Our firm believes in working closely with our clients to achieve their goals. We can strategize with you on how to demonstrate to the court that you provide a stable and secure environment for your children. Keeping up with child support or visitations throughout the divorce process, showing involvement in your children's lives, and even keeping records of your financial spending on them can all be used to support your case for custody.

Can Extended Family File for Temporary Custody?

You can file for temporary custody if you are an extended family member within the third degree by blood or marriage. That means you can file a temporary custody order if you are the:

• Niece or nephew;
• Uncle or aunt;
• Brother or sister;
• Grandparent, or;
• Great-grandparent;

Of one of the child's parents. Step-parents can also file for temporary custody if they are married to one of the child's parents and are not involved in a civil or criminal case against that parent.

To file for temporary custody, you must either have signed and notarized consent from the child's legal parents, or be caring for the child full-time as a substitute parent.

Consult with a Florida Family Lawyer Right Away

Don’t wait to get the help you need. Our legal team at The Virga Law Firm, P.A. is ready to begin working with you to sort of the details of your divorce, especially the ones that tend to be more pressing, such as temporary custody arrangements. Whether you are interested in awarding temporary custody to a family member or friend, you will need to take action right away in order to best protect your child from the trauma of divorce—and we are here to help you make it happen.

Let us help you. Call (800) 822-5170 right away to start the conversation.