What's the Difference and How Does It Work?

Navigating family law matters, especially those involving child custody, can be incredibly stressful and confusing. This is particularly true when extended family members or fictive kin (those who have a family-like relationship but are not related by blood or marriage) are seeking custody. Terms like "temporary custody" and "concurrent custody" are often used, but their meanings and implications can be even more complex in these situations. This blog post aims to clarify these terms and provide a detailed explanation of the differences between them in the context of Florida law, specifically when extended family or fictive kin are involved.

Understanding the Basics: Parental Responsibility and Time-Sharing

Before diving into temporary and concurrent custody, it's essential to understand Florida's terminology regarding child custody. Florida statutes use the terms "parental responsibility" and "time-sharing" instead of "custody" and "visitation."

• Parental Responsibility: This refers to the rights and responsibilities of parents to make decisions regarding their child's upbringing, including education, healthcare, and religious upbringing. It can be shared (both parents make decisions) or sole (one parent makes decisions). In cases involving extended family or fictive kin, the court will carefully consider whether granting parental responsibility to these individuals is in the child's best interests.

• Time-Sharing: This refers to the schedule that determines when each party spends time with the child.

Temporary Custody (Temporary Time-Sharing and Parental Responsibility) for Extended Family/Fictive Kin

Temporary custody is a short-term or longer-term arrangement put in place by the court while a more permanent solution is decided or until the child reaches the age of 18. This is common in the initial stages of a divorce, paternity case, or when extended family or fictive kin are seeking custody.

• Purpose: To provide stability and a clear structure for the child's care during a legal process between their parents or during times when they are unable to reside with their parents. In divorce or paternity cases, this ensures a consistent routine for the child with their parents while they navigate the legal proceedings. When extended family or fictive kin are involved, it provides legal standing and protection for the child while a long-term plan is determined. This might be necessary due to parental incapacity, neglect, or other circumstances.

• Duration: Established in a final custody order and can be modified later if there's a substantial change in circumstances or can last until the child reaches the age of 18.

• Characteristics:

• Often based on the status quo or an agreement between the parties (especially in divorce/paternity). In cases involving extended family/fictive kin, it may be based on the existing living arrangement and initiated by a petition from the extended family member or fictive kin.

• The court will prioritize the child's best interests, considering factors such as the child's relationship with the person seeking custody, the child's adjustment to their home and community, and the mental and physical health of all individuals involved.

• Temporary Custody by extended family or fictive kin, typically grants parental responsibility to the relative or fictive kin, giving them the primary authority to make decisions for the child. While the relative or fictive kin usually has the majority of time-sharing, the court may order time-sharing with the parents if deemed appropriate for the child.

• Addresses key aspects like:

• Which party (parent or relative/fictive kin) the child will primarily reside with.

• A time-sharing schedule outlining when each party spends time with the child.

• Who has the authority to make decisions regarding the child's welfare.

Examples:

Divorce/Paternity: In a divorce case, the court might issue a temporary order stating that the child will live primarily with the mother during the week and with the father on alternating weekends, pending a final hearing. This temporary order grants the mother and father specific time-sharing and outlines who makes decisions about the child's education, healthcare, etc., during this period.

Extended Family/Fictive Kin: A child is living with their maternal grandmother due to their mother's substance abuse issues. The grandmother files for temporary custody to ensure the child's stability while the court determines a long-term plan. This temporary custody, including parental responsibility, could remain in place until the mother is able to demonstrate fitness to parent or until the child turns 18.

Concurrent Custody (Shared Parental Responsibility with Concurrent Time-Sharing) with Extended Family/Fictive Kin

While “concurrent custody” isn’t a term explicitly defined in Florida statutes, it can apply in situations where both a parent and an extended family member or fictive kin have significant roles in the child’s life. The key difference here is that concurrent custody grants both time-sharing and parental responsibility to the relative or fictive kin along with one or both parents, creating a co-parenting or shared custody arrangement between all parties involved. This could involve shared parental responsibility and a time-sharing schedule that reflects all parties’ involvement.

• Purpose: To acknowledge and maintain important relationships in the child's life while ensuring their well-being. This can be complex when balancing the rights of biological parents with the established bond with extended family or fictive kin.

• Duration: Established in a final custody order and can be modified later if there's a substantial change in circumstances or can last until the child reaches the age of 18.

• Characteristics:

• The court will thoroughly evaluate the best interests of the child, giving weight to the existing relationships and the ability of all parties to cooperate.

• Time-sharing is structured to provide each party with meaningful time with the child, which may not be a strict "50/50" split but rather an arrangement that best serves the child's needs.

• Requires a high degree of cooperation and communication between the parents and the extended family/fictive kin.

Examples:

A child lives primarily with their aunt and uncle, who have been their primary caregivers for several years, but also maintains a relationship with their parent. A concurrent time-sharing arrangement could be established to ensure the child continues to have meaningful contact with both parties, with both the parent(s) and the aunt/uncle sharing parental responsibility. This arrangement could be temporary while the parent gets back on their feet or could last until the child turns 18.

How We Can Help

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