Custody by extended family in Fort Myers, Florida
When Relatives Step On To Help
Sometimes parents need short term help. Grandparents, aunts, uncles, or close family friends step up so children stay with people they know in Fort Myers, Cape Coral, Bokeelia, or Port Charlotte. Florida Chapter 751 allows Temporary Custody by Extended Family so a caregiver can enroll a child in school, consent to medical care, and handle day to day needs without ending parental rights. Daniels Law, P.A. explains how this differs from
relative adoptions and when families might prefer a temporary arrangement.
Who qualifies and what the court looks for
Extended family generally includes relatives within the third degree by blood or marriage, and a step parent. Some non relatives who have a close, family like relationship and full time care may also petition when the child lives with them. Most uncontested cases involve signed parental consents; if a parent cannot consent, the court reviews evidence that temporary custody is in the child’s best interest. We prepare the petition, attach consents when available, and set a short hearing in Lee or Charlotte County. If the situation later becomes permanent, we discuss moving from temporary custody to relative adoptions for long term stability.
Filing a Chapter 751 case
- Petition: We include the child’s information, living situation, and the reasons temporary custody is needed, plus what legal powers the caregiver requires.
- Consents and notice: With consents, approval is often quick. Without consents, parents receive notice and an opportunity to respond.
- Court order: The order grants authority for education, medical care, travel, and other needs. It lasts until changed by the court or until the child turns 18. Families who are also considering adoption can compare this route with dependency adoption if child welfare is involved, or with paternity and custody if a parent is ready to formalize their own plan.
Common Questions from Caregivers
Do parents lose rights with temporary custody?
No. Temporary custody does not terminate parental rights. Parents can visit and participate as agreed or ordered.
How long does it last?
It remains in place until the court modifies or ends it. Many families keep it until parents are ready to resume care or the child turns 18.
Will I be able to enroll the child in school and get medical care?
Yes. The order gives you authority to handle school enrollment, medical decisions, and other routine needs so daily life is simple and consistent.
Protecting Family, Providing Stability
When extended family steps in, children gain security and support. Daniels Law helps grandparents, aunts, uncles, and other relatives in Fort Myers, Cape Coral, and surrounding areas navigate custody with confidence.
