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Temporary Child Custody in Florida


There are some divorce proceedings that become so adversarial that it’s impossible to effectively co-parent. These situations may even lead to the need for temporary custody orders. It’s important to understand what temporary custody is and what situations may warrant such an order. When you retain a Boca Raton divorce attorney, he or she can help you with your divorce and the accompanying custody arrangements.

What is Temporary Custody in Florida?

Temporary custody usually refers to a short-term agreement wherein a trusted individual, a non-parent, is awarded parental rights for a predetermined amount of time. This time period usually coincides with the timeframe until the divorce is finalized and a permanent arrangement is reached. People who can take custody under a temporary custody order can include grandparents, aunts and uncles, cousins, or other trusted family members. When someone is granted temporary custody, it means they will have temporary parental rights. This gives them the right to:

  • Put your child in school and be able to access necessary information related to the child’s education
  • Access important records, like medical records
  • Make decisions regarding healthcare and be the one(s) who provide required consent for necessary treatment

Essentially, someone who has been granted temporary custody has the right to make important decisions about your child’s life. Every situation is different, and there is no guarantee on who will get temporary custody. There may be situations where the court may award temporary custody to you or your soon-to-be ex-spouse. Some circumstances may warrant you having to petition the court to have a temporary custody agreement, which is why you need the expertise of a skilled Boca Raton child custody attorney.

What Situations Might Make Temporary Custody Necessary?

There are a number of different situations that might warrant the need for a temporary custody order. One of these is if your spouse has abandoned you and their children. Your attorney will likely advise you to petition for temporary custody as well if your spouse has taken your child without consent, prevents you from seeing him or her, is not caring for your child, or presents a danger to them.

Although these certainly warrant petitioning for temporary custody, the majority of cases typically involve conflict between the parents. Extreme conflict during the divorce can create a toxic environment for your child, which leaves one of you temporarily unfit to properly take care of your child.

In the end, no matter what the reasons are that you’re considering temporary custody, you need an experienced attorney to help you through the process. Divorce can take a real toll on you emotionally, and you need someone with an objective point of view to help you through a temporary custody petition. At the Law Offices of Schwartz | White, we understand how troubling of a time this can be, no matter whether you and your spouse are going to war with each other or whether your spouse has taken your child from you.

Contact a Florida Family Law Attorney Right Away

Don’t delay on getting the assistance you need. Contact the Law Offices of Schwartz | White today to schedule an initial consultation.


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