What Is Temporary Custody And How Does It Work In Florida?

Temporary custody is a legal arrangement in which a court grants an individual custody of a child for a specific period of time. Such an arrangement is often used to address the immediate needs of a child whose living situation must stabilize quickly.

Unlike permanent custody, temporary custody does not establish long-term legal rights over the child. Instead, it is a short-term solution intended to ensure the child’s stability and safety until a more permanent decision can be reached. Temporary custody can be granted to a parent, relative, or another third party depending on what the court believes is in the best interests of the child.

When is a temporary custody order necessary? 

Temporary custody may be necessary when a child’s current living situation is not stable or safe. For example, if one parent is dealing with a serious illness, undergoing military deployment, or facing legal issues, the court could grant temporary custody to another adult to ensure that the child’s needs are met. In addition, during a divorce or separation, temporary custody can provide a structured living arrangement while the parents work through their legal disputes.

For example, if one parent has to leave the state to work, they would leave their child without a guardian at home. In that case, temporary custody could be granted to a close relative to ensure that the child’s needs are met.

Temporary custody versus temporary guardianship 

Temporary custody and temporary guardianship are two similar concepts with distinct legal meanings. Temporary custody generally involves a parent or close family member taking on the day-to-day care and decision-making responsibilities for a child when the parents are unable to do so. The arrangement is usually court-ordered and it temporarily alters custody rights without permanently changing the legal custody status of the minor.

Temporary guardianship, on the other hand, grants a non-parent the legal authority to care for a child in a more comprehensive way. This includes making major decisions concerning the child’s health care, education, general welfare, and more. Unlike temporary custody, guardianship provides the guardian with broader authority over the child’s life, although it’s still temporary.

It’s important to understand the differences between these two concepts. For example, one parent may prefer temporary custody if they anticipate resuming full parental duties in the near future. By contrast, temporary guardianship would be more appropriate if the child needs a stable living environment for a longer period of time, especially when the parents aren’t able to fulfill that role.

Talk to an Orlando Child Custody Attorney Today 

Greater Orlando Family Law represents the interests of parents during child custody disputes. Call our Orlando family lawyers today to schedule an appointment, and we can begin advocating on your behalf right away.