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ORDER GRANTING VERIFIED PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY

ORDER GRANTING VERIFIED PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY

The following is an Order granting temporary custody to the paternal grandfather in a Broward County custody case.

 

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

 

In Re: The Matter of  XXXX (a minor)                                                      Case Number:

JIMMY DOE

Petitioner/Paternal Grandfather,

and

JANE DOE,

Mother,

JOHN DOE ,

Father.

_______________________________/

ORDER GRANTING VERIFIED PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY

THIS CAUSE came on to be heard on XXXX, 20__ on the Verified Petition for Temporary Custody by Extended Family, and the Court has heard argument of counsel, has reviewed the court file and is otherwise fully advised in the premises, and has made the following findings of fact and conclusions of law. It is thereupon,

ORDERED AND ADJUDGED:

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

XXXX                          XXXXX, 20__

XXXXX                        XXXXX, 20__

  1. The Petitioner, JIMMY DOEE, is the paternal grandfather of the children.
  2. Parent JANE DOE, referred to as Mother of the child(ren):

{Choose one only}

a.__X__ 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} ___________________.

  1. Parent JOHN DOE , referred to as Father of the children:

{Choose one only}

a.__X__ 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 children.  Specifically, the Parent has abused, abandoned, or neglected the children as defined in Chapter 39, Florida Statutes. It is in the best interest of the children that the Petitioner have temporary custody because: {facts in support of finding} ___________________

  1. It is in the best interest of the children for the Petitioner to have temporary custody.

SECTION II: TEMPORARY CUSTODY

  1. The Petitioner/Paternal Grandfather JIMMY DOEE is granted temporary custody of the minor children.
  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 children, including but not limited to:
  4. Consent to all necessary and reasonable medical and dental care for the children, including nonemergency surgery and psychiatric care;
  5. Secure copies of the childrens’ records, held by third parties, that are necessary for the care of the children, including, but not limited to: medical, dental, and psychiatric records; birth certificates and other records; and educational records;
  6. Enroll the children in school and grant or withhold consent for the child(ren) to be tested or placed in special school programs, including exceptional education; and
  7. Do all other things necessary for the care of the children.

SECTION III. TEMPORARY TIME-SHARING WITH MINOR CHILDREN

The parent(s) shall have: {Choose one only}

  1. ____ reasonable time-sharing with the minor children as agreed to by the parties, subject to the following limitations: ____________________________________ ________________________________________________________________.
  2. ____ the following specified time-sharing schedule: {specify days and times}

_______________________________________________________________.

Parent Mother’s Temporary Time-Sharing Schedule.

________________________________________________________________

________________________________________________________________

______________________________________________________________.

Parent Father’s Temporary Time-Sharing Schedule.

________________________________________________________________

_____________________________________________________________________________________________________________________________.

  1. Time-Sharing in accordance with the temporary Parenting Plan attached as Exhibit ____.
  2. Parent {name or designation} ___________________ shall have No Contact with the minor children 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

  1. The Petitioner _____ did __X___ 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 children, 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}

_____ 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

_____ 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

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} __________________________.

_____ All of the child support or _____ a portion of the child support in the amount of $____________ shall be redirected to the Petitioner.

Amount

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: _________________________________  _____________________________________________________________________.

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} 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:  __________________________________ ____________________________________________________________________ ____________________________________________________________________.

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.}

_____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.

_____ Parent {name or designation} _____________________ owes child support arrearages in the amount of $__________ as of {date} ________________ to the 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.

Insurance {Indicate all that apply}

Parent {name or designation} __________________ shall be required to maintain _____ health and/or _____ dental insurance for the parties’ minor children, so long as reasonable in cost and accessible to the children. 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 children at this time.

____ Reasonable and necessary uninsured medical/dental/prescription drug costs for the minor children 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:

Place of Payment

____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

____ The Petitioner and the Parent(s) have requested and the Court finds that it is in the best interest of the children that support payments need not be directed 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.

Income Deduction (If applicable)

____ 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.

____ 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 children 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.

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 order, shall be forwarded to the Petitioner pursuant to the payment method prescribed above.

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 Chambers at Miami-Dade County on this ______ day of XXXX, 20__.

_______________________________
Honorable XXXXX XXXXX

CIRCUIT COURT JUDGE

 

Copies Furnished To:

Lawrence D. Schott , Esq.

JANE DOE

JOHN DOE

 

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This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon for any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.