When parents are unable to care for their children, extended families are sometimes able to care for the children temporarily in order to keep them out of foster care. Florida Statute Chapter 751 — Temporary Custody of Minor Children by Extended Family allows qualified relatives to obtain custodial rights for a child, typically without pursuing full guardianship or dependency proceedings. This is often utilized when parents are facing a temporary hardship, such as an illness or a financial issue.
Under this law, an extended relative can request one of two types of custody, temporary or concurrent custody:
- Temporary custody: The extended family member obtains custodial authority with parental consent or without it if the court finds the parents unfit and, in the child’s, best interest.
- Concurrent custody: Custody is shared with the child’s legal parents, but the relative still gains legal authority to care for the child.
This process differs from guardianship. Guardianship (Chapter 744) is often required if the child has their own funds or significant assets. Chapter 751 custody is generally quicker, less formal, and avoids probate court.
Who is an Extended Family Member?
Under Florida law, an extended family member can be one of the following:
- A relative within the third degree by blood or marriage (e.g., grandparents, siblings, aunts/uncles) to the child’s parent;
- A stepparent currently married to a parent (with exceptions); or
- Someone who qualifies as fictive kin under another Florida statute (Section 39.01).
What Legal Rights Does Custody Under Chapter 751 Give?
A successful order can give the custodian the legal authority to do the following:
- Consent to medical and dental care, including non-emergency surgery and psychiatric care
- Access and secure records (medical, educational, birth certificate, etc.)
- Enroll the child in school and make educational decisions
- Provide for the child’s routine care, enroll in programs, and consent to special education
- Generally assume parental authority that otherwise isn’t legally available without court orders
Many family members pursue Chapter 751 custody instead of or even before seeking full guardianship, which is more complex and costly. In most cases, this type of custody provides them with all of the legal rights necessary to care for the child on a temporary basis.
If you have more questions regarding a Marital and Family Law matter, Guardianship or Estate matter you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange 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.