Breaking Down Temporary Custody Agreements in Florida

What is a Temporary Custody Agreement?

A temporary custody agreement is a legally binding contract between parents that outlines the agreed upon terms of child custody and/or parenting time pending the outcome of a Florida family law case. In Florida, temporary orders only apply while the case is open, but temporary agreements can be wider in scope than temporary orders.
A temporary custody agreement can be entered into at any time prior to the final hearing. The agreement must be in writing and signed by both parties. Temporary custody agreements are strongly recommended where:
A signed temporary custody agreement will be enforceable, just as would any other written, signed agreement. It can be incorporated by the Court into a Final Judgment. Since a temporary custody agreement is simply a contract , it is important to make sure that parents are both in full agreement about the specific terms of custody/parenting time.
There is rarely a need to go before the Judge to obtain ordered temporary relief. Parents can agree to a temporary custody schedule that gives one parent more parenting time or fewer overnight visits. The parents can also agree that one parent will pay child support for a certain period of time, or their agreement can state that the payment of child support will be litigated at a later date or that no child support will be paid until a certain event occurs.
If a temporary custody agreement is not in place, the Florida family law judge will require both parties to submit a proposed temporary parenting plan to the Court, and the judge will decide the terms. Florida courts will have the power to order supervised or unsupervised visitation. Certainly, if there is a threat of domestic violence, child abuse, drug abuse, and/or alcohol abuse, the judge may order only supervised visitation or even no parenting time pending the outcome of the case.
There is no fee to file a temporary relief motion.

Essential Aspects of Florida Temporary Custody Agreements

Temporary custody agreements are an essential tool in family law. They establish rules, responsibilities, and authority when families are experiencing significant transitions. Temporary custody agreements are designed to ensure stability for the parties’ children when the parties cannot agree on the terms of permanent child-custody arrangements. A temporary custody agreement is a betwixt-and-between sort of thing, a bridge between the status quo and whatever arrangement is hopefully coming down the pike.
In determining whether a temporary custody agreement is valid, Florida courts will evaluate it according to a form rather than a particular content. Courts are guided by the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, which have been adopted in whole in Florida (Fla. Stat. § 61.501). Section 61.500 provides that a custody determination is "a court’s determination of the legal custody, physical custody, or parenting time rights with respect to a child." Thus, the relevant statutory language provides guidance on the issue of what is necessary for a valid temporary custody agreement.
The Florida Temporary Custody Filing Form sets out the basic elements of temporary custody agreements. The form provides the basic requirements: the name of the child at the center of the agreement, the parties’ names and addresses, and the proposed duration of the agreement. The parties to the temporary custody agreement must sign the form. The form also provides information on child-support obligations. The Florida Temporary Custody Filing Form takes the place of a local court rule because Florida court rules do not specifically govern temporary custody agreements. Instead, Florida court rules provide rules around temporary orders generally. Temporary custody agreements are a type of temporary order.

How to Create a Temporary Custody Agreement

To create a temporary custody agreement, parents must first agree upon the arrangement in writing. This should include provisions about where the child will live, visitation rights for both parties and the division of expenses. Once the two parents complete the agreement on their own, they must file it with the State of Florida Department of Children and Families to receive official approval. If a parent and the child have resided in Florida for at least six months prior to wanting to establish a temporary custody arrangement, they should file the agreement with the local Clerk of the Court. This period of residency is required so that the Clerk can have jurisdiction over the case. However, if the parent is not a resident of the state, he or she will need to file the agreement with the Clerk of the Court in the county in which they reside. Once the Clerk receives the paperwork they will notify the DCF of the case.

Legal Obligations and Rights under Temporary Custody

When parties enter into a temporary custody agreement, certain rights and responsibilities are bestowed upon the parties. For instance, the custodial parent holds the right to determine the children’s ordinary school choice, place of residence, medical and dental care, and religious upbringing. Questions like what school the child should attend, the types of religious instruction, and even where a child should live are all matters typically left to the custodial parent.
Conversely, the party not designated as the custodian has the right to have access to the children, including the right to visitation. Although their parental rights may be reduced, the non-custodial parent still has all the other rights and responsibilities children’s parents have over their children, implying the ability to participate in school activities, provide medical and dental care, and even file lawsuits on behalf of the child.
Since a temporary custody arrangement does not strip either party of their rights as a parent, everyone must be cognizant of the proper ways to legally express those rights. For example, while Florida Statute § 39.407 allows judges to authorize "any necessary medical or psychological treatment" of a minor child by the Department of Children and Families ("D.C.F."), it does not mean that D.C.F. has the right to authorize a child’s medical treatment without the permission of the custodial parent. Such circumstances may give rise to a D.C.F. lawsuit.
In the event that it becomes necessary for a party to petition for guardianship, Florida Statute § 744.304 provides: The parent of a minor ward may nominate an individual to be appointed guardian of the ward and may nominate an individual to be appointed guardian if the first person nominated is not willing, qualified, or suitable. The person nominated as guardian shall be nominated in the will of the parent or in a writing signed by the parent, acknowledged by the parent before a notary public, and filed with the court or otherwise delivered to the person nominated.
It is important to note, however, that Florida Statute § 741.322(1) provides that "in the event that both parents are deceased before the surviving parent dies, the child’s paternal or maternal grandparent may be appointed as guardian of the child upon petition to the court, except as otherwise determined by a court order or will by a parent of the child placed with a nonrelative." Thus, a grandparent may petition to become the child’s legal guardian if the custodial parent dies and the non-custodial parent is deceased.
Although temporary custody arrangements do not prescribe to all the legal rights and responsibilities as permanent guardianship arrangements, the aforementioned sections of the Florida Statute demonstrate that certain rights must be observed.

Amending or Ending Temporary Custody Agreements

A temporary agreement can be modified (i.e.: changed) or terminated (i.e.: eliminated) by agreement of the parties if everyone agrees that is what everyone wants. This is accomplished by filing a New/Amended Petition for Temporary Custody and putting the old agreement in as an exhibit. If the Court accepts the new proposed agreement as reflecting the new positions of the parties, there is no issue.
If the parties cannot agree, either of them can file a Petition to Modify (change the current agreement) or a Petition to Terminate (eliminate the current agreement based on a significant change of circumstances), depending on who is seeking what relief.
There are numerous reasons for modifications or terminations of temporary custody agreements/custody determinations by the courts. One very common example is a relocation. If one parent wants to move far enough away that the child would be out of the other parents’ school district(s), it is a common reason for one party to seek to terminate the existing temporary custody agreement so that he/she may seek an order establishing a permanent custody arrangement by the court that is in the best interests of the child , post relocation.
Less common, but still day-to-day occurrences are when one party can no longer afford the financial burden of "temporary custody", or one party has suddenly had a "life change" such as a marriage or becoming unemployed, etc. which requires the need for modification/termination of a temporary custody agreement.
Another way the temporary custody agreement is ended before it naturally terminates, is due to the filing of a petition for dissolution of marriage between the parties whose child is subject to the temporary order. When an action for Dissolution is filed, a temporary agreement that has been approved by the court is eliminated simply by the filing of the dissolution case, which automatically terminates the temporary custody agreement.
The standard to modify a final permanent order is always the best interests of the child, whereas the standard to modify a temporary order is of lesser importance, but in Florida there is statutory authority for when and how to both modify and terminate temporary child custody agreements.

Common Pitfalls and How to Navigate Them

Even when the parties entering into a temporary custody agreement have a good understanding and a strong history of co-parenting or sharing responsibilities, problems can arise. Common issues include: denial of parenting time by the non-custodial parent, one parent withholding important information, like school enrollment or medical visits, from the other parties or refusing to cooperate with changes in plans and schedules.
In these situations, you might want to pursue a small claims court action. Some circuit courts also have special courts for parenting disputes, which provide an effective option for resolving disputes regarding parenting time or the right of access to the children. The court hearing is generally held before a specially designated judge, a magistrate, well-versed in family law. In those special courts, the judges and magistrates will enforce temporary custody agreements and dispute resolution methods like mediation. Mediation can often be a cost-effective method of dispute resolution, helping parents to work out issues amicably without protracted litigation.
You should speak with an attorney that specializes in temporary custody agreements; your attorney can help you to resolve the problems with the other party.

Finding Legal Help in Florida

When it comes to temporary custody agreements, seeking legal advice is of the utmost importance – especially if you think your situation makes you able to enter into a settlement for an even longer period of time. Even then, of course, working to ensure that both parties have new parenting plans in place is advisable. Fortunately , there are numerous ways to seek legal assistance in Florida. Whether you discover a qualified attorney via a simple Internet search, through word-of-mouth recommendation, or by examining online reviews, finding one qualified family law lawyer is all you need to help you through the process.