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Daniels Law P.A., Family Law Attorney Lee and Charlotte County and SW Florida

Serving Southwest Florida

(239) 214-6010

Notice: Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. Please don’t hesitate to call us if you have any questions!


Always Putting You and Your Family's Needs First

Temporary Custody by Extended Family Member

An extended family member is someone who is related to a child by blood or marriage. Extended family members can only include:

  • brother or sister
  • grandparent
  • niece or nephew
  • uncle or aunt
  • first cousin
  • great uncle
  • great aunt
  • great grand parent
  • fictive kin (a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child)

Temporary custody can be asked for by a step parent only if they are currently married to the child’s parent and is not a party in any criminal or civil case against the child’s parent.

Temporary custody removes the rights for the parent to make decisions for the child and transfers it to the family member.

Other Requirements for Filing for Temporary Custody Include:

You must be an extended family member who is already living with and caring for the child full time as a substitute parent or have the notarized signed consent of both legal parents.

If the child was abused, abandoned or neglected by the parent, consent is not required. The definition of “abandoned”, “abused”, and “neglected” are found in Florida Statutes Section 39.01

The court must find that temporary or concurrent custody is in the best interest of the child.

Concurrent Custody by an Extended Family Member

As in Temporary custody, concurrent custody can only be obtained by Extended family members. Concurrent custody allows both the parent/s and the family member to make major decisions and access official documents for the child.

The child must have lived with the family member for at least 10 days in any 30-day period in the last 12 months.

If you would like to speak with an attorney regarding temporary custody or concurrent custody, call Daniels Law, P.A. at 239-214-6010 or fill out our contact form.