Custody by a Family Member

Are you a grandparent, step-grandparent, brother, sister, aunt or uncle physically caring for a child or children with the written or unwritten consent of the parents? In the state of Florida, you may be able to obtain temporary custody or concurrent custody with the parents to better care for the child(ren) and to give you peace of mind. In these situations, obtaining a temporary custody order from the court can settle family issues without the intervention of the Department of Children and Families.

In circumstances when a parent or parents are unable to suitably care for one or more children, extended family members can file a petition for temporary custody or for concurrent custody. According to the State of Florida, an extended family member is “a relative of the minor child(ren) within the third degree by blood or by marriage to the parent; OR the stepparent of the minor child(ren) if the stepparent is currently married to the parent of the child(ren) and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child(ren)’s parents as an adverse party.” Temporary custody gives the extended family member(s) full rights to protect and serve the child(ren). Concurrent custody gives the extended family member(s) rights to protect and serve the child(ren) concurrently along with the child(ren)’s parent or parents. Having full rights includes but is not limited to making decisions about things such as health, education, support, and Social Security benefits.

There are strict procedural requirements that must be met under Chapter 751 – TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY. Parker & DuFresne, P.A. attorneys will assist you in determining whether or not you are eligible to seek temporary or concurrent custody of a family member’s child(ren). If you are, the attorneys will guide you through the process, assisting in preparation of required paperwork and representing you at a hearing.

Unfortunately, there are times when the Department of Children and Families has sufficient reason to remove the child(ren) from the parents. It is necessary for the child(ren) to be placed in foster care. Parker & DuFresne, P.A. attorneys help extended family members obtain temporary custody of the child(ren) after being placed in foster care.

Parker & DuFresne, P.A. serves clients in Duval, St. Johns, Clay, and Nassau counties. If you are dealing with custody by a family member issues, it is imperative that you be pro-active in seeking the legal advice and representation of an experienced Parker & DuFresne, P.A. attorney as soon as possible. Waiting to do so could negatively impact your ability to achieve a positive resolution to the matter. Protect your legal rights by contacting Parker & DuFresne, P. A. at 904.733.7766 or at to schedule a free and confidential consultation. At Parker & DuFresne, P.A., our skilled family law attorneys are ready to represent and protect your interests during family member custody proceedings.

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