Florida Form 12.970 Temporary Custody Petition: Filing Instructions for Relatives

What the 12.970 Forms Are and Which One You Need

Florida's Chapter 751 gives extended family members two ways to get legal custody of a child through the family court. Each has its own Supreme Court approved form:

• Form 12.970(a) — Petition for Temporary Custody by Extended Family. This is the standard form when you need primary custody of the child. You can file it whether or not the parents agree.
• Form 12.970(b) — Petition for Concurrent Custody by Extended Family. This form lets you share legal authority with the parents. It requires signed, notarized consent from every living legal parent — if even one parent objects in writing, the court cannot grant concurrent custody.

Both forms are free to download from the Florida Courts website at flcourts.gov. The court will not charge you for the blank forms themselves, though filing them with the clerk costs $301–$409 depending on your county.

If a parent objects to your concurrent custody petition, the court must offer you the option to convert it into a temporary custody petition, so you do not need to start over. Ask the clerk whether any additional local filing charges apply.

How to Fill Out Form 12.970(a)

The petition asks for straightforward information, but errors here can delay your case by weeks.

Section 1 — Your Information. Your full legal name, date of birth, address, and your relationship to the child. You must be a relative within the third degree (grandparent, aunt, uncle, sibling, first cousin, great-aunt, great-uncle), a stepparent currently married to a parent, or a person who qualifies as "fictive kin" under Florida Statute § 39.01.

Section 2 — The Child. Full legal name, date of birth, current address, and how long the child has lived with you. If you rely on caregiving rather than signed, notarized consent from both legal parents, you must currently have physical custody, the child must presently live with you, and you must have cared for the child full-time for at least 10 days in any 30-day period within the 12 months before filing.

Section 3 — The Parents. Names and last known addresses for both legal parents. If a parent's location is unknown, you will need to file a separate Affidavit of Diligent Search (Form 12.913(c)).

Section 4 — Why You Need Custody. Describe the circumstances that brought the child into your care. If a parent objects to temporary custody, you will need to prove by clear and convincing evidence that the parent is unfit due to abuse, abandonment, or neglect.

Section 5 — UCCJEA Disclosure. The child's addresses for the past five years and any pending custody cases in other states. You also file a separate UCCJEA Affidavit (Form 12.902(d)) alongside the petition.

Required Companion Forms

The petition alone is not enough. When you bring your filing packet to the clerk, include:

1. Form 12.902(d) — UCCJEA Affidavit (mandatory in every custody case)
2. Form 12.900(h) — Notice of Related Cases (required if any prior family or dependency case exists)
3. Form 12.928 — Cover Sheet for Family Court Cases
4. The appropriate waiver and consent form — Form 12.970(c) for temporary custody or Form 12.970(d) for concurrent custody — if the parents consent; otherwise, arrange service on each non-consenting parent.

Use the current clerk checklist to confirm which companion forms your filing requires before you submit the packet.

Formatting Rules That Trip People Up

Florida courts enforce strict formatting requirements on all filings:

• Print or type in black ink only — blue ink may be rejected
• Sign the petition before a notary public or deputy clerk, as allowed by the approved form
• Confirm copy requirements with the clerk and keep a copy for your records
• Consent forms (12.970(c) or 12.970(d)) must be signed before a notary and two witnesses — a simple parent signature is not legally sufficient

What Happens After You File

The clerk dockets your petition and issues a summons. If the parents signed consent forms, ask the Judicial Assistant to schedule an uncontested hearing. If a parent needs to be served, confirm the applicable service deadline with the clerk and complete service promptly.

Our Guardianship and Custody for Grandparents and Relatives in Florida guide walks you through the entire filing sequence — from choosing between temporary and concurrent custody to what happens at the hearing — with every form and deadline mapped out in order.

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