Concurrent Custody vs. Temporary Custody

I recently wrote a post explaining temporary custody by an extended family member, a type of action which allows parents to temporarily transfer their custody rights to a relative.  Once a judge grants a petition for temporary custody, the relative temporarily assumes the parents’ right to make decisions concerning the child’s healthcare and education, and also assumes the right to obtain documents such as birth certificates and passports.

However, sometimes parents want to give a relative custody rights while also retaining the rights for themselves.  Chapter 751 of the Florida Statutes allows for this arrangement in what is termed “concurrent custody.”

Like temporary custody, only a relative or stepparent will be granted concurrent custody.  Unlike temporary custody, the child must have lived with the family member for at least 10 days in any 30-day period in the last 12 months.

Moreover, the family member must obtain both parents’ consent to the concurrent custody.  If either parent objects, then a judge will not grant a final judgment for concurrent custody.  However, the case may be converted to an action for temporary custody, which may be granted over a parent’s objection if there is clear and convincing evidence that the parent has abused, abandoned, or neglected the child.

To recap, while temporary custody takes away the parents’ right to make decisions concerning the children and transfers that right to a family member, concurrent custody allows for both the parents and the family member to make major decisions and access official documents.  Concurrent custody may not be granted over a parent’s objection, while temporary custody may be granted under narrow, severe circumstances.

If you would like to schedule a consultation with a Tampa Bay custody attorney regarding temporary custody or concurrent custody, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our online form.