In Florida, Chapter 751 outlines legal procedures for taking temporary custody of a child in the family courts. The law is called “Temporary Custody of a Child by Extended Family,” but it is important to note that the definition of “extended family” has been expanded to include “fictive kin.” Fictive Kin is “a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child.”

Parents can sign power of attorney forms to give someone temporary authority over their child, but these may not be as thorough or as long lasting as you need.

Or, you may already have physical custody of the child, but you can’t obtain the necessary legal forms from the legal parent to enroll the child in school, etc. Sometimes caregivers in this position call DCF to assist, but involving the state can be unpredictable: the state may become the legal custodian of the child and, depending on many factors, you may or may not be able to retain custody.

With a temporary or concurrent custody order, however, the state won’t be involved. It is a private family court matter and you, the legal parent(s), and the court work through an arrangement that will be in the best interest of the child. In such arrangements, private “case plan” tasks may be assigned or agreed to by the legal parent. Tasks could include therapy or rehabilitation. You may work out a visitation plan with the legal parent(s) to provide the child with a stable and predictable schedule. You may also create a transition plan for the legal parent to regain custody if safe and appropriate.

Temporary custody may be particularly appropriate in unfortunate circumstances where a family or friend has given birth but, because of addiction or a previous DCF case, may not be able to take the baby home from the hospital. If the mother is not prepared to make an adoption plan, she may be willing to make a private, temporary custody plan for her child in the family courts. This is preferable to DCF taking custody of the child: if that happens, the parents of the child and their friends and family will have little or no control over what happens to the child.