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12.970(a)

Petition for Temporary Custody by Extended Family

Florida · Florida Supreme Court · Effective June 1, 2021

This form is used by an extended family member to ask the court for temporary custody of a child or children. It asks the court to grant temporary custody under Chapter 751, Florida Statutes.

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Where this fits in a case

Start a case

Stage: Start a case

This form is used by a relative or stepparent to seek temporary custody when the parents' consent is available or when the filer is already caring for the children full-time.

Either party may file.

Common questions

Who can file this form?
An extended family member, which can be a relative within the third degree by blood or marriage, a stepparent under certain conditions, or someone who qualifies as "fictive kin."
What must happen if the parents object?
If a parent objects, the court must find, using clear and convincing evidence, that the parent or parents are unfit to care for the children. This requires finding that the parent abused, abandoned, or neglected the children.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect June 1, 2021.

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