Temporary Guardianship in Florida
Florida law recognizes that there are times when the parents of minor children or the caregivers that are responsible for incapacitated adults may not be able to provide for those persons’ basic needs. In those situations, another person may file a petition in court for an order of short-term guardianship that may last for up to six months.
Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Jeffrey Thomas
The Florida guardianship attorneys at The Law Offices of Travis R. Walker help individuals to navigate the State’s temporary guardianship petition process. With our assistance, your petition for temporary guardianship will have a significantly greater chance of being approved by the court that has jurisdiction over it.
Temporary Guardianships Will Be Granted Only to Extended Family Members or Stepparents
The laws that govern temporary guardianship in Florida are very clear that guardianships will only be granted to extended family members or stepparents, including a minor child’s or incapacitated adult’s grandparents, adult siblings, or nieces and nephews, cousins, uncles, or aunts. Persons who are not related to a child or incapacitated adult by blood or marriage do not have the right or authority to file a temporary or emergency guardianship petition.
Temporary Guardians Generally Have limited Power and Authority
Where a temporary guardianship is granted in favor of a minor child, the guardian will have the authority to arrange for the child’s medical treatment, review school and medical records, and consent to the child’s participation in normal school activities. A temporary guardianship agreement in Florida might also spell out other specific rights that the guardian may exercise on the child’s behalf.
That agreement will also specify how long the guardianship will last, although in all cases a temporary guardianship can be terminated prior to a defined end date if the relevant parties agree to end it prematurely or if a Florida family law judge determines that early termination of a temporary guardianship is in the child’s best interests.
Temporary Guardianships in FL May Be Granted with or Without a Parent’s Consent
A Florida petition for temporary guardianship over a minor child will be granted more readily when both of the child’s natural parents execute written consent and waiver forms to indicate their agreement with the guardianship. When the parents will not give their consent and waiver, a blood relative can seek a temporary emergency guardianship by claiming that the child’s basic needs are not being met and the child has been abandoned, abused, or neglected.
Temporary Emergency Guardianship Petitions Will Receive Accelerated Review
An emergency guardianship request will place a petition on a faster path in a family law court. In Florida, two to three months will typically elapse before a court hears a standard guardianship petition. If a petitioner can show that a minor child’s physical or mental health is in jeopardy and if the child is in unsafe conditions, or if an incapacitated person’s property is at risk of being wasted or misappropriated, a court will consider the petition within a matter of days under fast-track procedures. In all cases, emergency temporary guardianships will not last more than 90 days.
Call the Law Offices of Travis R. Walker Today
When you need legal assistance to prepare, file and prosecute a temporary guardianship petition in Stuart, West Palm Beach, Port St. Lucie, or elsewhere in Martin or Palm Beach Counties or around Florida’s Treasure Coast, you can count on Travis R. Walker. When you retain our services, you will have our strongest assurances that our Florida temporary and emergency guardianship legal team will see your matter through to its most favorable conclusion.
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