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___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
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/___________________.
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 child(ren) at issue in this matter are:
Name Date of Birth
3. The Petitioner, {full legal name} _______________________________________ is the
{extended family relationship}_____________________________________________ of
the child(ren).
4. Parent {full legal name}, ____________________________________________ referred
to as {name or designation} _________________________________ of the child(ren):
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
{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 the Parent {name or designation} ________________________ is unfit
to provide for the care and control of the child(ren). Specifically, the Parent has
abused, abandoned, or neglected the child(ren) as defined in Chapter 39, Florida
Statutes. It is in the best interest of the child(ren) 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 child(ren):
{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 child(ren). Specifically, the Parent has
abused, abandoned, or neglected the child(ren) as defined in Chapter 39, Florida
Statutes. It is in the best interest of the child(ren) that the Petitioner have
temporary custody because: {facts in support of finding} ___________________
_________________________________________________________________.
6. It is in the best interest of the child(ren) for the Petitioner to have temporary custody.
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________
SECTION II: TEMPORARY CUSTODY
1. The Petitioner, ________________________________________, is granted temporary
custody of the minor child(ren).
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
child(ren), including but not limited to:
a. Consent to all necessary and reasonable medical and dental care for the child(ren),
including nonemergency surgery and psychiatric care;
b. Secure copies of the child(ren)’s records, held by third parties, that are necessary
for the care of the child(ren), including, but not limited to: medical, dental, and
psychiatric records; birth certificates and other records; and educational records;
c. Enroll the child(ren) in school and grant or withhold consent for the child(ren) to
be tested or placed in special school programs, including exceptional education;
and
d. Do all other things necessary for the care of the child(ren).
SECTION III. TEMPORARY TIME-SHARING WITH MINOR CHILD(REN)
{Insert the name or designation of the appropriate parent in the spaces provided.}
The parent(s) shall have: {Choose one only}
1. ____ reasonable time-sharing with the minor child(ren) as agreed to by the parties,
subject to the following limitations: __________________________________________
_______________________________________________________________________.
2. ____ the following specified time-sharing schedule: {specify days and times} _______
______________________________________________________________________.
Parent {name or designation}_________________________’s Temporary Time-Sharing
Schedule.
_______________________________________________________________________.
Parent {name or designation} ______________________________s Temporary Time-
Sharing Schedule.
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________.
3. ____ Time-Sharing in accordance with the temporary Parenting Plan attached as
Exhibit ____.
4. Parent {name or designation} ___________________ shall have No Contact with the
minor child(ren) until further order of the Court, due to existing conditions that are
detrimental to the welfare of the minor child(ren): {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 child(ren), 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 child care 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} ____________________________.
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
_____________________________________________________________________
_____ 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}.
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,
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
____________________________________________________________________
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 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 of the
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: __________________________________
____________________________________________________________________.
4. Retroactive Child Support and/or Arrearages
{If both parents are ordered to pay retroactive child support and/or arrearages,
please include a separate paragraph for each parent.}
a. _____Parent {name or designation} ____________________ shall pay retroactive
child support in the amount of $_________ as of {date} ________________ to the
Petitioner. The retroactive child support shall be paid in the amount of $_________
per month, payable _____ in accordance with the employer’s payroll cycle, and in any
event at least once per month, or _____other {explain} ____________commencing
{date} ______________________, until paid in full including statutory interest.
b. _____ Parent {name or designation} _____________________ owes child support
arrearages in the amount of $__________ as of {date} ________________ to the
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
other parent. The child support arrearages shall be paid in the amount of $_______
per month, payable _____ in accordance with the parent’s employer’s payroll cycle,
and in any event at least once per month, or _____ other {explain} _______________
commencing {date} ______________________, until paid in full including statutory
interest.
5. Insurance
{Indicate all that apply}
a. Parent {name or designation} __________________ shall be required to maintain
_____ health and/or _____ dental insurance for the parties’ minor child(ren), so long
as reasonable in cost and accessible to the child(ren). The party providing insurance
shall be required to convey insurance cards demonstrating said coverage to the
Petitioner and other parent.
OR
_____ health and/or _____ dental insurance is either not reasonable in cost or
accessible to the child(ren) at this time.
b. ____ Reasonable and necessary uninsured medical/dental/prescription drug costs
for the minor child(ren) shall be assessed as follows:
_____ Shared equally by both parents.
_____ Prorated according to the child support guidelines percentages.
_____ Other {explain
} ______________________________________________
As to these uninsured medical/dental/prescription drug expenses, the party who
incurs the expense shall submit a request for reimbursement to the parent or parents
within 30 days, and the parent or parents, within 30 days of receipt, shall submit the
applicable reimbursement for that expense.
SECTION V. METHOD OF PAYMENT
The parent(s) shall pay court-ordered child support and arrearages, if any, as follows:
1. Place of Payment
a. ____Parent(s) shall pay court-ordered support directly to either the State
Disbursement Unit or the central depository, as required by statute, along with
any fee required by statute.
OR
b. ____ The Petitioner and the Parent(s) have requested and the Court finds that it
is in the best interest of the child(ren) that support payments need not be directed
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
_____________________________________________________________________
through either the State Disbursement Unit or the central depository at this time;
however, any party may subsequently apply, pursuant to section 61.13(1)(d)(3),
Florida Statutes, to require payment through either the State Disbursement Unit
or the central depository.
2. Income Deduction
(If applicable)
a. ____ Immediate.
_____ Parent {name or designation} _________________ and {if applicable}
_____ Parent {name or designation} _____________________________, hereinafter,
Obligor(s), shall pay through income deduction, pursuant to a separate Income
Deduction Order which shall be effective immediately. Obligor(s) is (are) individually
responsible for paying this support obligation until all of said support is deducted from
his/her income. Until support payments are deducted, the Obligor(s) is (are)
responsible for making timely payments directly to the State Disbursement Unit or
the Petitioner as previously set forth in this Order.
b. ____ Deferred. Income deduction is ordered this day, but it shall not be effective until
a delinquency of $_____________, or, if not specified, an amount equal to one
month’s obligation occurs. Income deduction is not being implemented immediately
based on the following findings: Income deduction is not in the best interests of the
child(ren) because: {explain} _____________________________________________
____________________________________________________________________.
AND
There is proof of timely payment of a previously ordered obligation without an Income
Deduction Order,
AND
_____ there is an agreement by the Obligor(s) to advise the Title IV-D agency, the clerk
of court, and the Petitioner of any change in Payor(s) and/or health insurance OR
_____ there is a signed, written agreement providing an alternative arrangement
between the Petitioner and the Obligor(s) and, at the option of the IV-D agency, by
the IV-D agency in IV-D cases in which there is an assignment of support rights to the
state, reviewed and entered into the record by the court.
c. Bonus/one-time payments.
{Choose one only}
_____ All
_____ __________%
_____ No income paid in the form of a bonus or other similar one-time payment, up to
the amount of any arrearage or the remaining balance thereof owed pursuant to this
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
________________________________________________________________________
________________________________________________________________________
_____________________________
order, shall be forwarded to the Petitioner pursuant to the payment method prescribed
above.
d. Other provisions relating to method of payment: ___________________________
_______________________________________________________________________.
SECTION VI. ATTORNEY’S FEES, COSTS, AND SUIT MONEY
{Choose one only}
1. The ____ Petitioner’s _____Respondents’ request(s) for attorney’s fees, costs, and suit
money is (are) denied because ______________________________________________
_______________________________________________________________________.
2. ____ The Court finds there is a need for and ability to pay attorney’s fees, costs, and suit
money. _____ Petitioner _____ Respondent(s) is (are) ordered to pay the other party
$___________ in attorney’s fees, and $ ___________ in costs. The Court further finds
that the attorney’s fees are awarded based on the reasonable rate of
$________________ per hour and _________ reasonable hours. Other provisions
relating to attorney’s fees, costs, and suit money are as follows: ___________________
_______________________________________________________________________.
SECTION VII. OTHER PROVISIONS
1. Other Provisions ________________________________________________________
_______________________________________________________________________.
2. The Court reserves jurisdiction to modify and enforce this Order for Temporary Custody.
DONE AND ORDERED in ______________________, Florida on {date} __________________
CIRCUIT JUDGE
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)
I certify that a copy of this Order for Temporary Custody was _____ mailed _____ faxed and
mailed ____ e-mailed _____ hand-delivered to the parties and any entities listed below on {date}
_________________________.
by ________________________________
{Clerk of court or designee}.
Petitioner (or his or her attorney)
Respondents (or his or her attorney(s))
_____State Disbursement Unit
_____Central Depository
_____Other _________________________________
Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody by
Extended Family (02/18)