Relative Custody Lawyers, Jacksonville, FL
Relatives can petition the court in Florida for custody of a minor child under certain circumstances. The court can sometimes award relatives custody of a minor child with or without the consent of the child’s parents. The Florida Legislature recognizes that many minor children in Florida live with and are well cared for by members of their extended families. The parents of these children have often provided for their care by placing them temporarily with another family member is who better able to care for them. Dependent children are removed from their families and placed in a shelter to prevent them from suffering further abuse, neglect or abandonment. Through care by extended families for children, they can avoid being declared “dependent” upon the state. Actions for relative custody are private actions where there is no right to court-appointed counsel because there is no threat of possible termination of parental rights. It is highly recommended that you seek the advice of an experienced Jacksonville Relative Custody Attorney if you have custody of a child that’s not yours.
Jacksonville Relative Custody in Schools
Custody of relative children often becomes an issue when the child needs to be registered for school or needs medical attention, and the relative needs authority to act on behalf of the child. In order for a relative to be entitled to “custody”, he or she must meet certain criteria in addition to being an extended family member or step parent. First, the child must be living with the relative who is caring full time for the child in the role of substitute parent, and second, the relative must have had custody of the child for at least 10 days in any 30-day period within the last twelve months. If these prerequisites are met, then you have “standing” under Florida law to file a petition for custody of the minor child you are presently caring for. You may even be entitled to child support payments. For child support calculation you should talk with a Jacksonville Relative Custody Attorney about your right to receive child support.
Relative Custody Lawyers for a Minor
There are two different ways the Florida courts can award a relative custody of a minor child. The first way is through concurrent custody whereby the relative care concurrently for the child with the parents’ consent. The second way does not require the parents’ consent and is referred to as temporary custody. If a parent does not consent and the relative seeks custody over the parent’s objection, then the court will hold an evidentiary hearing to determine whether the parent is “unfit” or whether there is a threat the child will be or is being abused, abandoned or neglected. The court can also modify a previous child support order to ensure the relative custodian receives child support. A temporary custody order can be modified or terminated at any time upon proper notice and hearing if the court determines the parent to be fit so long as a modification of the order is in the child’s best interest. If you have a question about a “fitness” of a parent under the law contact a Jacksonville Relative Custody Attorney.
Contact us Today, We’re Your Experienced Jacksonville Relative Custody Attorney
For assistance with relative custody or custody by extended family member cases, you should contact a family attorney who specializes in marital and family law. Hire an attorney who has extensive training and experience litigating relative custody matters. Reach out to us for a compassionate, confidential consultation. Call (904) 360-6100 today for help!
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