Delete Pages From Legal Florida Standby Temporary Guardian Forms For Free

This type of guardianship is in place for a set duration of time and automatically terminates after the specified period. If parents regain the ability to care for their children earlier than expected, the guardianship can be terminated without a court order so long as the temporary guardian agrees.

Pursuant to section 751.05(7), Florida Statutes, at any time, either or both of the child(ren)'s parents may petition the Court to terminate the order granting temporary legal custody upon a finding that the patent requesting termination of the order is a fit parent, or by consent of the parties.

Importantly, the emergency temporary guardianship only lasts for 90 days, so it is specifically designed to be temporary (hence the name) until a full guardianship hearing can be held. A court hearing must still take place to confirm that even an emergency temporary guardianship is necessary.

One or both of the child's parents can petition the court to modify or terminate the temporary custody order. Alternatively, the relatives or parents may mutually agree the nature of the temporary custody should change. If a parent's situation changes, the Florida court may deem them a fit parent.

Once you have a legitimate reason for removing the guardian, you will need to file an official Petition to Remove the Guardian with the Court, to initiate removal proceedings in family court. It's worth noting that Florida Probate Rule 5.660, allows the court to initiate such proceedings on its own.

Ask the Court to Remove and Replace the Guardian However, someone must file all of the required paperwork to ask to serve as the new guardian going forward. It will be up to the judge to decide if there is a legal basis to remove the guardian and if so, to appoint a new guardian to take over.