Concurrent or Temporary Custody Lawyer, Jacksonville FL
There is a procedure by which a relative or extended family member may petition the court for concurrent or temporary custody of a minor child if the parents are unable or unfit to provide for the care and custody of their minor children. Concurrent custody is available only when both of the child’s parents consent to the arrangement. Temporary custody is available under certain circumstances even though the child’s parent or parents object. To see if you have a condition that qualifies, you should talk to an experienced Jacksonville Concurrent or Temporary Custody Attorney at The Law Office of A. Sam Jubran, P.A.
If the petition is for temporary custody, the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child’s parent or parents are unfit to provide for the care and control of the child. In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in chapter 39 of the Florida Statutes.
Who is Eligible to Petition the Court for Concurrent or Temporary Custody?
The following individuals may bring proceedings in the circuit court to determine the temporary or concurrent custody of a minor child:
- Any extended family member who has the signed, notarized consent of the child’s legal parents; or
- Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.
In addition to the requirements 1 and 2 above, an individual seeking concurrent custody must: 1. Currently have physical custody of the child and have had physical custody of the child for at least 10 days in any 30-day period within the last 12 months; and 2. Not have signed, written documentation from a parent which is sufficient to enable the custodian to do all of the things necessary to care for the child which are available to custodians who have an order issued under section 751.05.
How Can a Parent Vacate an Order for Concurrent or Temporary Custody?
Concurrent custody of the minor child may not eliminate or diminish the custodial rights of the child’s parent or parents. The order must expressly state that the grant of custody does not affect the ability of the child’s parent or parents to obtain physical custody of the child at any time. You should talk to an experienced Jacksonville Concurrent or Temporary Custody Attorney if you have questions about your rights as a parent.
The petitioner or either or both of the child’s parents may move the court to terminate the order granting concurrent custody at any time. The court shall terminate the order upon a finding that either or both of the child’s parents object to the order. The fact that an order for concurrent custody has been terminated does not preclude any person who is otherwise eligible to petition for temporary custody from filing such petition.
At any time, either or both of the child’ parents may petition the court to modify or terminate the order granting temporary custody. The court shall terminate the order upon a finding that the parent is a fit parent, or by consent of the parties. The court may modify an order granting temporary custody if the parties consent or if the modification is in the best interest of the child.
Contact an Experience Jacksonville Concurrent or Temporary Custody Attorney Sam Jubran’s Office
If you need help, reach out to one of our compassionate and experienced custody lawyers at (904) 360-6100. We are standing by to speak with you and the initial consultation is always free and confidential. Call today!