Sometimes emotions run so high in divorces that co-parenting is impossible. A Florida temporary time sharing and parental responsibility agreement can provide a solution until the parties settle or the court makes a permanent time sharing and parental responsibility determination. There are other situations that may also warrant temporary rulings on time sharing and parental responsibility.
What Is a Florida Temporary Time Sharing and Parental Responsibility Agreement?
Temporary custody is an arrangement in which a family court grants parental time sharing and rights to a parent or non-parent for a period of time. A person with temporary parental responsibility has the legal authority to make decisions about the child’s health, education, and well-being, including:
- Accessing information about the child, such as medical and educational records and other legal documents
- Making health care decisions and consenting to medical treatment
- Enrolling the child in school and having access to related information
When Is An Order on Temporary Time Sharing and Parental Responsibility Necessary?
Temporary custody (consisting of time sharing and parental rights) may be necessary in contested divorces, paternity cases, and custody battles when the parents can’t arrive at a mutually acceptable arrangement while the legal process is pending. In such cases, you or your spouse can petition the court to issue a temporary child custody order for the duration of the proceeding.
The court may also issue a Florida temporary custody order if it finds the parents can’t or won’t care for the child and a placement with an extended family member is in the child’s interest. Reasons a parent can’t or won’t care for a child include:
- The parent is serving in the military
- The parent has a severe illness or condition
- The child has been living with an extended family member who needs authority to make legal decisions on their behalf
- The child requires special care the parent can’t provide
- The parent is unfit or unable to care for the child
- The parent abandons the child
- There is abuse or neglect on the part of the parent
Who Can Have Temporary Parental Responsibility and Time Sharing?
Florida courts may grant temporary legal custody to one of the parents, an extended family member, or a person who qualifies as “fictive kin.”
Extended family members who may have temporary custody include:
- Aunts and uncles
- Nieces or nephews
- First cousins
- Step-parents married to a legal guardian of the child
In addition, “fictive kin” are people unrelated by birth, marriage, or adoption to a child who nonetheless have an emotionally significant relationship with the characteristics of a family relationship with the child.
How Long Do These Temporary Rights Last?
In divorces, custody battles, and paternity cases, temporary custody generally lasts until the parties agree to a settlement or the court makes a final determination on time sharing and parental responsibility.
Temporary custody granted to an extended family member has no predetermined end date. While the court could set an end date in some cases, there is generally no expiration date for the temporary custody order.
The temporary custody may end when the extended family member voluntarily relinquishes custody back to one or both parents or the parents petition the court to end the temporary custody order. In either case, however, the court will determine what is in the child’s interest. If the judge finds that temporary custody with an extended family member is optimal for the child, they will deny the parent petition.
Dealing With Temporary Time Sharing and Parental Responsibility Issues? Call Divorce & Mediation Law Firm
The divorce process is never easy but can be especially challenging if there are custody disputes. If you need help petitioning for or contesting a Florida temporary custody order, call our team at Divorce & Mediation Law Firm | Cabanas Law Firm.
With more than 60 years of combined experience in family law, we can provide you with competent legal advice and advocate for your interest. Call (954) 447-2580 or contact us online to schedule your appointment.