Form 12.970(E) "Order Granting Petition for Temporary Custody by Extended Family" - Florida

What Is Form 12.970(E)?

This is a legal form that was released by the Florida Circuit Court - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on June 1, 2021;
  • The latest edition provided by the Florida Circuit Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.970(E) by clicking the link below or browse more documents and templates provided by the Florida Circuit Court.

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Download Form 12.970(E) "Order Granting Petition for Temporary Custody by Extended Family" - Florida

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IN THE CIRCUIT COURT OF THE _________________________ JUDICIAL CIRCUIT,
IN AND FOR __________________________ COUNTY, FLORIDA
Case No: ______________________
Division: ______________________
IN THE INTEREST OF
_________________________________
Children
__________________________________,
Petitioner,
and
__________________________________,
Respondent/_________________,
__________________________________,
Respondent/___________________.
ORDER GRANTING PETITION FOR
TEMPORARY CUSTODY BY EXTENDED FAMILY
This case came before this Court for a hearing on a Petition for Temporary Custody by Extended Family.
The Court, having reviewed the file and heard the testimony, makes these findings of fact and reaches
these conclusions of law:
SECTION I. FINDINGS
1. The Court has jurisdiction over the subject matter and the parties.
2. The minor children at issue in this matter are:
Name
Date of Birth
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. The Petitioner, {full legal name}
{choose one only}
is the {extended family relationship}
of the child(ren)
OR
qualifies as “fictive kin” as defined in section 39.01, Florida Statutes.
4. Parent {full legal name},
referred
to as {name or designation}
of the child(ren):
{Choose one only}
a.
Filed a Waiver and Consent
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (06/21)
IN THE CIRCUIT COURT OF THE _________________________ JUDICIAL CIRCUIT,
IN AND FOR __________________________ COUNTY, FLORIDA
Case No: ______________________
Division: ______________________
IN THE INTEREST OF
_________________________________
Children
__________________________________,
Petitioner,
and
__________________________________,
Respondent/_________________,
__________________________________,
Respondent/___________________.
ORDER GRANTING PETITION FOR
TEMPORARY CUSTODY BY EXTENDED FAMILY
This case came before this Court for a hearing on a Petition for Temporary Custody by Extended Family.
The Court, having reviewed the file and heard the testimony, makes these findings of fact and reaches
these conclusions of law:
SECTION I. FINDINGS
1. The Court has jurisdiction over the subject matter and the parties.
2. The minor children at issue in this matter are:
Name
Date of Birth
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. The Petitioner, {full legal name}
{choose one only}
is the {extended family relationship}
of the child(ren)
OR
qualifies as “fictive kin” as defined in section 39.01, Florida Statutes.
4. Parent {full legal name},
referred
to as {name or designation}
of the child(ren):
{Choose one only}
a.
Filed a Waiver and Consent
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (06/21)
b.
Was served with the petition and failed to file an Answer
c.
Is deceased as evidenced by:
d.
Objected to the petition. Based upon clear and convincing evidence, the Court finds that
the Parent {name or designation}
is
unfit
to
provide for the care and control of the children. Specifically, the Parent has abused,
abandoned, or neglected the children as defined in Chapter 39, Florida Statutes. It is in
the best interest of the children that the Petitioner have temporary custody because:
{facts in support of finding}
.
5. Parent {full legal name},
referred
to as, {name or designation}
of the children:
{Choose one only}
a.
Filed a Waiver and Consent
b.
Was served with the petition and failed to file an Answer
c.
Is deceased as evidenced by:
d.
Objected to the petition. Based upon clear and convincing evidence, the Court finds that
Parent {name or designation}
is unfit to provide for the care and control of the children. Specifically, the Parent has
abused, abandoned, or neglected the children as defined in Chapter 39, Florida Statutes.
It is in the best interest of the children that the Petitioner have temporary custody
because: {facts in support of finding}
.
6. It is in the best interest of the children for Petitioner to have temporary custody.
7.
A Transition Plan is not required for the best interests of the children prior to restoring
full custody;
OR
The following Transition Plan is in the best interests of the children and is ordered prior
to restoring full custody:
.
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (06/21)
SECTION II: TEMPORARY CUSTODY
1.
The Petitioner,
,
is
granted
temporary
custody of the minor children.
2.
The Petitioner shall have all the rights and responsibilities of a legal parent.
3.
The Petitioner is authorized to make all reasonable and necessary decisions for the minor children,
including but not limited to:
a. Consent to all necessary and reasonable medical and dental care for the children, including
nonemergency surgery and psychiatric care;
b. Secure copies of the children’s records, held by third parties, that are necessary for the care of
the children, including, but not limited to: medical, dental, and psychiatric records; birth
certificates and other records; and educational records;
c. Enroll the children in school and grant or withhold consent for the children to be tested or placed
in special school programs, including exceptional education; and
d. Do all other things necessary for the care of the children.
SECTION III. VISITATION WITH MINOR CHILDREN
{Insert the name or designation of the appropriate parent in the spaces provided.}
The parent(s) shall have: {Choose one only}
1.
Reasonable visitation with the minor children as agreed to by the parties, subject to
the following limitations:
.
2.
The following specified visitation schedule: {specify days and times}
.
Parent {name or designation}
’s Visitation Schedule.
.
Parent {name or designation}
’s Visitation Schedule.
.
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (06/21)
3.
Parent(s) {name or designation}
,
shall
have No Contact with the minor children until further order of the Court, due to existing
conditions that are detrimental to the welfare of the minor children:
{explain}
.
SECTION IV. CHILD SUPPORT
{Insert the name or designation of the appropriate parent in the spaces provided.}
1. The Petitioner _____ did _____ did not request the establishment of child support.
2. If child support is requested, the parents have received personal or substituted service of process,
the petition requests an order for support of the children, and there is evidence of the parents’
ability to pay the support ordered. Parent(s) {name or designation}
has the present ability to pay child support.
{Choose one only}
a.
The amounts in the Child Support Guidelines Worksheet, Florida Family Law Rules
of Procedure Form 12.902(e) filed by Parent(s) {name or designation}
,
are correct;
OR
b.
The Court makes the following findings:
Parent {name or designation}
’s net
monthly income is $
, (Child Support Guidelines
%).
Parent {name or designation}
’s net monthly
income is $
, (Child Support Guidelines
%)
Monthly childcare costs are $
.
Monthly health/dental insurance costs are $
.
OR
c.
Parent {name or designation}
is currently ordered to
pay child support to the other parent in the amount of $
per
as established in the case of {style of case and number}
.
All of the child support or
a portion of the child support in the amount
of $
shall be redirected to the Petitioner.
3. Amount
a. Parent {name or designation}
’s Obligation
Parent {name or designation} ________________ shall be obligated to pay child support at the
rate of $________ per month for the ______ children {total number of parties’ minor or
dependent children} commencing _____________________ {month, day, year} and
terminating _______________________________ {month, day, year}.
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (06/21)
This child support shall be paid in the amount of $___________ per ______________ {week,
month,
other}
which
is
consistent
with
Parent
{name
or
designation}
__________________________’s current payroll cycle.
Upon the termination of the obligation of child support for one of the parties’ children, child
support in the amount of $__________ for the remaining _______ children {total number of
remaining children} shall be paid commencing __________________ {month, day, year} and
terminating _______________________ {month, day, year}. This child support shall be paid in
the amount of $_________ per ____________ {week, month, other} consistent with Parent
{name or designation} ______________’s current payroll cycle.
{Insert paragraph for the child support obligation, including the amount, and commencement
and termination dates, for the remaining minor or dependent children, which shall be payable
as the obligation for each child ceases.}
Parent {name or designation}
shall pay child support until
all minor or dependent children: reach the age of 18; become emancipated, marry, join the
armed services, die, or become self-supporting; or until further order of the court or
agreement of the parties. The child support obligation shall continue beyond the age of 18
and until high school graduation for any child who is dependent in fact, between the ages of
18 and 19, and is still in high school, performing in good faith with a reasonable expectation of
graduation before the age of 19.
If the child support ordered deviates from the guidelines more than 5%, the factual findings
which support that deviation are:
.
b. Parent {name or designation}
’s Obligation
Parent {name or designation} ____________________ shall be obligated to pay child
support at the rate of $_________ per month for the ______ children {total number of
parties’ minor or dependent children} commencing ____________________ {month, day,
year} and terminating _____________________ {month, day, year}. Child support shall be
paid in the amount of $_________ per _____________ {week, month, other} consistent
with Parent {name or designation} _________________’s current payroll cycle.
Upon the termination of the obligation of child support for one of theparties’ children, child
support in the amount of $
for the remaining
children {total number of remaining children} shall be paid commencing
{month, day, year} and terminating
{month, day, year}. This child
support shall be paid in the amount of $
per
{week, month, other}
consistent with Parent {name or designation}
’s current payroll cycle.
{Insert paragraph for the child support obligation, including the amount, and commencement
and termination dates, for the remaining minor or dependent children which shall be payable
as the obligation for each child ceases.}
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (06/21)
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