Form 12.970(A) "Petition for Temporary Custody by Extended Family" - Florida

What Is Form 12.970(A)?

This is a legal form that was released by the Supreme Court of Florida - 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 February 1, 2018;
  • The latest edition provided by the Supreme Court of Florida;
  • 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(A) by clicking the link below or browse more documents and templates provided by the Supreme Court of Florida.

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Download Form 12.970(A) "Petition for Temporary Custody by Extended Family" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.970(a)
PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY
(02/18)
When should this form be used?
This form should be used by an extended family member to obtain temporary custody of a child or
children pursuant to Chapter 751, Florida Statutes. This form should not be used if you are a parent
seeking to establish parental responsibility or time-sharing with a child or children.
An Extended Family Member is:
A relative of a minor child within the third degree by blood or marriage to the parent;
OR
The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not
a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal
proceeding in any court of competent jurisdiction involving one or both of the child(ren)’s parents as an
adverse party.
You may file a Petition for Temporary Custody if:
You have the signed, notarized consents of the child(ren)’s legal parents;
OR
You are an extended family member who is caring full time for the child(ren) in the role of a substitute
parent and with whom the child(ren) is (are) presently living.
If one of the minor child(ren)’s parents objects to the Petition, the court shall grant the Petition only upon
a finding, by clear and convincing evidence, that the child(ren)’s parent or parents are unfit to provide for
the care and control of the child(ren). In determining that a parent is unfit, the court must find that the
parent has abused, abandoned, or neglected the child(ren), as defined in Chapter 39, Florida Statutes. If
you do not have the parents’ consents you should consult a family law attorney before you file your
papers.
If you do not meet the qualifications above, you should talk to an attorney about other options. You may
also report any suspected abuse, abandonment, or neglect to the appropriate authorities.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in
the county where you live and keep a copy for your records.
Instructions for Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody By
Extended Family (02/18)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.970(a)
PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY
(02/18)
When should this form be used?
This form should be used by an extended family member to obtain temporary custody of a child or
children pursuant to Chapter 751, Florida Statutes. This form should not be used if you are a parent
seeking to establish parental responsibility or time-sharing with a child or children.
An Extended Family Member is:
A relative of a minor child within the third degree by blood or marriage to the parent;
OR
The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not
a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal
proceeding in any court of competent jurisdiction involving one or both of the child(ren)’s parents as an
adverse party.
You may file a Petition for Temporary Custody if:
You have the signed, notarized consents of the child(ren)’s legal parents;
OR
You are an extended family member who is caring full time for the child(ren) in the role of a substitute
parent and with whom the child(ren) is (are) presently living.
If one of the minor child(ren)’s parents objects to the Petition, the court shall grant the Petition only upon
a finding, by clear and convincing evidence, that the child(ren)’s parent or parents are unfit to provide for
the care and control of the child(ren). In determining that a parent is unfit, the court must find that the
parent has abused, abandoned, or neglected the child(ren), as defined in Chapter 39, Florida Statutes. If
you do not have the parents’ consents you should consult a family law attorney before you file your
papers.
If you do not meet the qualifications above, you should talk to an attorney about other options. You may
also report any suspected abuse, abandonment, or neglect to the appropriate authorities.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in
the county where you live and keep a copy for your records.
Instructions for Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody By
Extended Family (02/18)
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving pleadings
by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of
Judicial Administration 2.516. You may find this rule at
www.flcourts.org
through the link to the Rules of
Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the
A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
What should I do next?
IF YOU HAVE SIGNED AND NOTARIZED WAIVERS OF SERVICE OF PROCESS AND CONSENTS from the
child(ren)’s parents , and the case is uncontested, you may contact the clerk, family law intake staff, or
judicial assistant, to set a final hearing. You must notify the child(ren)’s parents of the hearing by using
a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other
appropriate notice of hearing form.
If one of the parents is deceased, you must file a certified copy of the proof of death.
IF YOU DO NOT HAVE SIGNED AND NOTARIZED WAIVERS OF SERVICE OF PROCESS AND CONSENTS from
the child(ren)’s parents, you must properly notify the parents of the petition. If you know where he or she
lives, you should use personal service. If you absolutely do not know where he or she lives after
conducting a diligent search, you may use constructive service. You must complete all of the searches
Instructions for Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody By
Extended Family (02/18)
listed in the Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form
12.913(c), and file the form with the clerk. You should seek legal advice on constructive service as this is
a complicated area of the law. If the identity of one parent is unknown, you will need to seek legal advice
to determine the proper way to serve an unknown parent. For more information, see Chapter 49, Florida
Statutes.
If personal service is used, the parents have 20 days to answer after being served with your petition. Your
case will generally proceed in one of the following ways:
DEFAULT. If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Supreme
Court Approved Family Law Form 12.922(a), with the clerk of court. You must file a Notice for Trial, Florida
Supreme Court Approved Family Law Form 12.924. Then, if you have filed all of the required papers, you
may contact the clerk, family law intake staff, or judicial assistant, to set a final hearing. You must notify
the child(ren)’s parents of the hearing by using a Notice of Hearing (General), Florida Supreme Court
Approved Family Law Form 12.923, or other appropriate notice of hearing form.
CONTESTED. If either parent files an answer which disagrees with or denies anything in your petition and
you are unable to settle the disputed issues, you must file a Notice for Trial, Florida Supreme Court
Approved Family Law Form 12.924, to request a final hearing. Some circuits may require the completion
of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or
judicial assistant for instructions on how to set your case for trial (final hearing).
At any time, either or both of the child(ren)’s parents may petition the court to modify or terminate the
order granting temporary custody. The court shall terminate the order upon a finding that the parent is
a fit parent, or by the consent of the parties. The court may modify an order granting temporary custody
if the parties consent or if the modification is in the best interest of the child(ren).
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see Chapter 751 and Chapter 39, Florida Statutes.
Special Notes. . .
If you do not have the money to pay the filing fee, you may obtain an application for Determination of
Civil Indigent Status, fill it out, and the clerk will determine whether you are eligible to have filing fees
deferred.
With this petition, you must file the following and provide a copy to the other party:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme
Court Approved Family Law Form 12.902(d).
Notice of Related Cases, Florida Family Law Rules of Procedure Form 12.900(h).
Family Court Cover Sheet, Florida Family Law Rules of Procedure Form 12.928.
Instructions for Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody By
Extended Family (02/18)
Non-Military Affidavit, Florida Supreme Court Approved Family Law Form 12.912(b). (Required
only for obtaining a default on petitions that have been personally or constructively served. Not
required if both parents have signed a waiver and consent)
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these
forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of
Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms must
also put his or her name, address, and telephone number on the bottom of the last page of every form he
or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody By
Extended Family (02/18)
IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT,
IN AND FOR ___________________________ COUNTY, FLORIDA
Case No: _______________________
Division: _______________________
IN THE INTEREST OF
__________________________________,
Child(ren)
__________________________________,
Petitioner,
and
__________________________________,
Respondent/_______________________,
__________________________________,
Respondent/ _______________________.
PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY
Petitioner, {full legal name} _________________________________, being sworn, certifies that the
following information is true:
1. This is an action for temporary custody pursuant to Chapter 751, Florida Statutes.
2. Petitioner requests temporary custody of the following minor child(ren):
Name
Date of Birth
Current Address
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3. Petitioner completed a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit,
Florida Supreme Court Approved Family Law Form 12.902(d), which was filed with this Petition.
The affidavit includes the names and current addresses of the persons with whom the child(ren)
has(have) lived during the past 5 years, the places where the child(ren) has(have) lived during the
past 5 years, and information concerning any custody proceeding in this or any other state with
respect to the child(ren). If the Affidavit is not completely filled out, signed under oath, and filed
with the Petition, the case may be dismissed without hearing.
4. Petitioner is an extended family member who is: {Choose one only}
_____ Related to the minor child(ren) within the third degree by blood or marriage to a parent;
Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody By Extended Family
(02/18)