Family Matters Law Group P.A.
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Top 10 Facts Parents Should Know before Consenting to Temporary Custody by an Extended Family Member

1. A temporary Custody Order does not terminate your parental rights.

2. A temporary Custody order does allow the relative asking for custody to act as a parent and make and all necessary decisions on behalf of the child.

3. Although the Order granting temporary custody is temporary, the parent must go back to Court in order to end the temporary arrangement. It is not automatic.

4. The Parent must prove to the Court that it is in the best interest of the child(ren) that the parent regain custody.

5. The Parent will have to pay the costs associated with proving 3 & 4 above.

6. If a parent, sometimes both parents, does not consent to temporary custody, the relative who is trying to get temporary rights to the child must prove that the parent(s) have abused, abandoned or neglected the child. This is very difficult to prove.

7. The relative seeking custody will have to pay the costs associated with 6 above.

8. The order granting temporary custody can have provisions for the parent to have access, visits and contact with the child, but it is the parent's duty to make sure these provisions are included.

9. A temporary custody order may allow the relative to get child support from one or both parents during the period the child resides with them.

10. There are options which allow a relative to have authority to make decisions for the child, enroll the child in school, get the child medical treatment etc., which are not as extreme a temporary custody order.

Signing a consent to temporary custody by a relative is a very serious decision. You should contact an attorney prior to signing any such consent and evaluate what other options may be available if temporary custody is determined not to be the best fit for you.

Our office offers free consultations on such cases.

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