Please contact us today to learn more about what it takes to gain temporary custody in Florida. Our legal team will help you not only establish custody, but also to take care of all other legal issues surrounding the care of the child. Fortunately, you do not have to go through this alone. No matter what the situation is that has led to you needing to take custody, the fact remains that you can only give the best care if you have legal custody. Our firm works with families to establish temporary custody so that relatives can properly care for children. Schooling, healthcare and obtaining benefits for children is hard when a caretaker does not have legal custody. Depending on the circumstances, grandparents, aunts, uncles and other extended family may need to take care of a child for some time, which can be difficult if they do not have legal custody of the child. Temporary custody by a relative allows a parent to transfer custody to another loving family member who can undertake parenting responsibilities TEMPORARILY, without relinquishing parental rights. Addiction problems, recovery challenges, medical issues, military deployment, etc., can interfere with a parent’s ability to care for a child. A good parent should recognize their limitations and abilities and ALWAYS decide what is best for the child. Emergency hearings are not for ‘normal’ disagreements.
To be clear, this hearing can only be used in a very limited number of cases. There are times when a parent cannot care for a child. The state of Florida allows parents to seek an emergency hearing to obtain temporary custody of a child. The court will schedule either a hearing within 30 days of the motion being filed, or a trial within 90 days of the filed motion.Temporary Custody Attorney Serving Brevard County, Florida The parent trying to relocate has the burden of proving that the move is in the child’s best interest. Whether either parent has had a history of substance abuse or domestic violence, andĪny other factor affecting the child’s best interest. Whether the non-relocating parent has complied with paying child support, alimony, and division of marital property, if applicable
Whether the relocating parent is attempting to move for good faith reasons Whether the relocation is necessary for financial reasons The parents’ reasons for and against the relocation Whether the relocation will improve the lives of the parent and child The ability to maintain the relationship between the child and the non-relocating parentĬost and logistics to maintain visitation between the child and non-relocating parent The impact the move will have on the child’s development The child’s relationship with both the relocating and non-relocating parent
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