Florida Temporary Custody Laws
Temporary custody refers to the power of having guardianship over a child while a divorce and an associated time-sharing parenting plan is being finalized. While temporary custody can be granted to either parent, in some cases, it is awarded to a child's extended family (i.e. his grandparents, cousins or aunts and uncles) or a government agency, such as Child Protective Services (CPS).
Studies show that, in most cases, the party that wins temporary child custody in Florida is most likely to also win permanent custody, as drawn out divorce proceedings can establish a child in a routine with a particular parent – and courts are reluctant to upset the child's stability and routine.
If you are getting ready for a divorce and want temporary custody of your children, you can turn to the highly qualified family law and divorce attorneys at Troum & Wallsh for experienced legal advice and representation. Having our well respected litigators build and present your case can make the difference in whether you are granted temporary custody. Our superior legal knowledge, as well as our distinguished litigating skills, have allowed us to help hundreds of parents just like you.
Florida Temporary Custody Forms
To start the process of filing for temporary custody in the state of Florida, petitioners (those applying for temporary custody) will need to complete the Florida temporary custody papers referred to as a “Motion for Temporary Support & Time-Sharing with Dependent or Minor Children,” Form 12.94 (a). Other custody forms that will need to be completed and submitted to the courts at the time of filing Form 12.94(a) include:
- Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA) Affidavit, Form 12.902 (d)
- Notice of Social Security Number, Form 12.902 (j)
- Child Support Guidelines Worksheet, Form 12.902 (e)
Parties seeking financial support, along with temporary custody, will also need to complete and submit Form 12.902 (b or c) and Form 12.932.
Florida Temporary Custody Agreement
As with permanent custody, temporary custody decisions are always based on the best interests of the child, when parents can't agree on a parenting plan. While Florida family courts will typically order that both parents have some custody of children, if contact with one parent is determined to be detrimental to the child, then the other parent will be awarded sole custody of the child.
Factors that can affect whether a parent (or any party) wins temporary custody include:
- Which parent is more likely to foster a close, loving relationship with the other parent (when possible)
- The love and emotional ties between the child and each parent
- Each parent's economic status and ability to financially support the child
- The stability of each proposed home
- The moral foundation of each parent
- Each parent's mental and physical health
- The community (school, home, friends) the child has already established
- The child's preference (if reasonable)
- Evidence of false domestic violence claims
- Evidence of domestic violence
- Any other fact that may alter a child's ability to mature healthfully
To schedule a free and private evaluation of your family law issue, please contact our temporary custody law attorneys in Florida today.
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