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Long Term Relative Custody by Extended Family Member in Lake Mary, Florida and Orlando, Florida

Long Term Relative Custody by an Extended Family Member is explained in Florida Statute 751. It allows a family member to obtain custody of a grandchild, niece, or nephew for an extended period time. It is usually much cheaper financially to use this route than guardianship. Guardianship is required if the child has their own money. However, if the child has no money themselves, and the relative is trying to obtain custody of the child to enroll them in school, add them to their health insurance, obtain a passport for them as a few examples, then this is the best route to achieve your goal. To do this you may either obtain concurrent custody wherein you and the parents share custody, or you can obtain custody by yourself. To do either one of these you must obtain consent from the parents or prove the parents are unfit by clear and convincing evidence to obtain custody. 

This usually occurs when the parents are drug addicts and fail to provide medical services for the child, visit them regularly and pretty much abandon the children. The grandparents or another relative then obtain custody so the child can live with them, be put on their health insurance, and attend school. The parents may have visitation with the child. You request long term relative custody in your Petition for Long Term Custody by an Extended Family Member where in you specify if you want concurrent custody or custody. 

You may or may not want to request that the parents pay child support. Many grandparents do not want to ask for this because they know that the parents are incapable of doing that. 

For many grandparents, the goal is simply to get the grandchild into a safe loving environment away from the neglect of the parent and the savory characters the parents usually associate themselves with. Most grandparents are more than willing to support their grandchildren because they just want them to be safe. 

If the child has lived with you 10 days in the last 30 days, you can file for Long Term Relative Custody by Extended Family Member under Florida Stature 751. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.