The Florida minor child power of attorney is a legal form that allows a parent or guardian to grant another person the authority to make certain decisions and take specific actions on behalf of their child. This can include decisions about the child’s education, health care, and other important areas.
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Florida doesn’t provide the official child power of attorney templates; instead, it offers the “Petition for Concurrent Custody by Extended Family,” which must be approved by a circuit court. Furthermore, the person filing for concurrent custody must qualify as an “extended family member” according to Florida Statutes § 751.011(2). At the same time, “concurrent custody” indicates that the parent granting this authority maintains all their parental rights and ultimate control over the child’s affairs.
The court reviews the petition and assesses whether granting concurrent custody would benefit the child’s welfare. Factors considered include the child’s health, safety, and the stability that the extended family member can provide.
Establishing temporary custody is usually more complex legally and often requires court involvement. In contrast, a power of attorney can be established more simply and with fewer formalities, although notarization is required. If you need other state-specific documents, check out all Florida POA forms on our site.
Document Name | Florida Minor Child Power of Attorney Form |
Other Name | Florida Temporary Guardianship Form |
Relevant Laws | Florida Statutes, Section 744.3021 |
Duration | Not Specified |
Avg. Time to Fill Out | 15 minutes |
# of Fillable Fields | 60 |
Available Formats | Adobe PDF |
To properly complete the “Petition for Temporary Custody by Extended Family” form in Florida, you must follow a clear and structured approach. This form requests that an extended family member be granted temporary custody of a child when the parents cannot care for the child temporarily or long-term. Below are detailed instructions to guide you through each section of the form.
1. Identifying the Court and Parties
Begin by entering the name of the judicial circuit and county where the petition is being filed. You must provide the case number and division, usually assigned by the court clerk upon filing the petition. Also, list the full legal names of the child or children involved, the petitioner (yourself or another family member), and the respondent(s), typically the child’s parents or guardians.
2. Details of the Petition
In this step, input your full legal name as the petitioner and describe your relationship to the child, ensuring it qualifies under the extended family criteria specified in Florida Statutes § 751.011(2).
3. Custody Information
Provide the name, date of birth, and address of each child you seek custody. Also, include your full residence and post office address and contact information, such as a telephone number and email, if applicable.
4. Legal Grounds for Custody
Indicate whether you have the notarized consent of the legal parents or if the child currently lives with you in a substitute parent role. If applicable, include details of any circumstances such as abuse, abandonment, or neglect by the parents.
5. Supporting Documents
Attach any necessary documents, such as consents from parents or proof of their incapacity or unavailability, like death certificates or proof of inability to care for the child.
6. Orders and Additional Requests
State any existing child support orders and specify if you are requesting the court to modify these orders to redirect support to you. Mention whether you are requesting the establishment of a visitation or time-sharing schedule with the parents.
7. Signatures and Verification
Sign the petition in the presence of a notary or deputy clerk to validate your identity and the authenticity of your signature. The document must be notarized.
8. Filing the Petition
Finally, file the completed and notarized petition with the appropriate circuit court. Check if there is a filing fee, which you should pay as the court requires.