AN EXTENDED FAMILY MEMBER CAN OBTAIN CUSTODY OF A CHILD
In Florida, an extended family member can petition for custody of a minor child. An extended family member is defined by Florida Statute 751.011(2) as someone who is:
1. A relative of a minor child within the third degree by blood or marriage to the parent; or
2. The stepparent of a minor child if the stepparent is currently married to the parent of the minor child and is not a party in a dissolution of marriage, separate maintenance, domestic violence, or other civil or criminal proceeding involving one or both of the child’s parents as an adverse party; or
3. An individual who qualifies as “fictive kin.”
HOW DOES AN EXTENDED FAMILY MEMBER OBTAIN CUSTODY
To obtain custody of a minor child by a family member, you must file a Petition For Temporary Custody By Extended Family. A person may file the petition if:
1. You have the written, signed, and notarized consent of the parent(s); or
2. You are an extended family member who has been caring for the minor child as a substitute parent and with whom the minor child currently resides.
CAN I OBTAIN CUSTODY IF A PARENT OBJECTS
Yes, a family member can obtain custody of a minor child if a parent objects. However, the Court will grant the petition only if it is established that the parent(s) are unfit to provide for the minor child. The evidence presented to establish that a parent is unfit must be clear and convincing. The evidence must establish that the parent(s) have abused, neglected, or abandoned the minor child.
If you need strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a telephone or videoconference consultation to discuss your matter. After a thorough analysis of your matter, I will answer your questions and advise you regarding the best way to proceed.