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Temporary Custody To A Non-Parent

Posted on Thu, Sep 29, 2016

Occasionally a non-parent will get some type of Temporary Order gaining custody of a minor child. This happens many times in dependency actions or when someone is charged of a crime or other situations where the child is better to be with a person not that child’s parent.  When there has been an Order making another person the guardian or giving that other person temporary custody, a parent can get custody back.  The natural parent must be shown to be a “fit parent” to terminate or modify the Temporary Custody Order. The standard can be found in Florida Statute 751.05, Temporary Custody of Minor Children by Extended Family:  751.05(6) “At any time, either or both of the child’s parents may petition the Court to modify or terminate the Order granting temporary custody. The Court shall terminate the Order upon finding that the parent is a fit parent, or by consent of the parties.  The Court may modify an Order granting temporary custody if the parties consent or if modification is in the best interest of the child.” 

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Discovery Tool: Request for Admissions

Posted on Fri, Sep 02, 2016

Request for admissions are governed by Florida Family Law Rules of Procedure 12.370 and Florida Rules of Civil Procedure 1.370. Request for admissions are used to request the other party to admit the truth of any matters that relate to statements of opinion or fact, application of law to fact, or genuineness of any document described in the request. Any request for admissions must be within the scope of general discovery rules. They are served without leave of court. If request for admissions are served with the initial process, then the responding party has 45 days to answer or object. If the request for admissions is served after initial process, then responding party has 30 days to respond or object. If an answer or objection is served later than 30 days (or 45 days if served with initial process), then the failure to answer or object results in the matter being deemed admitted.

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