When a vulnerable family member needs someone to step in — whether a child whose parents cannot care for them or an adult with a developmental disability — the legal process you need depends entirely on who that person is and what kind of help they require.
What is guardian advocacy in Florida?
Guardian advocacy is a specialized legal process created under Florida Statute § 393.12 for adults who have a developmental disability — meaning a condition like autism, intellectual disability, cerebral palsy, spina bifida, or Prader-Willi syndrome that originated before age 18 and is expected to continue indefinitely.
The key distinction from standard guardianship: guardian advocacy does not require the court to make a full finding of incapacity. Instead, the petition must show that the individual can perform some — but not all — daily living activities, and that they need a designated person to help with specific areas of their life. The court then grants only the authority that the individual truly needs help with, leaving all other rights intact.
How is guardian advocacy different from full guardianship in Florida?
- Guardianship requires proving the person is legally incapacitated — a formal finding that strips significant rights. It applies to any adult who lacks decision-making capacity.
- Guardian advocacy does not require an incapacity finding. It is specifically designed for adults with developmental disabilities who retain some functional abilities and rights. The process is typically faster and less invasive.
For a parent of a child with autism who is approaching their 18th birthday, guardian advocacy is usually the appropriate — and preferred — legal tool.
What do you need to get temporary custody of a child in Florida?
Under Florida Statute Chapter 751, an extended family member can petition for temporary custody of a child when the parents are unable or unwilling to provide care. To succeed, you must show the court:
- You are an extended family member as defined by Florida law
- Either written consent from both parents, or clear evidence of abandonment, abuse, or neglect
- A specific explanation of why you need the custody order — without it you cannot enroll the child in school, authorize medical care, or apply for government benefits
One critical point: temporary custody does not terminate parental rights. The parents remain the child's legal parents throughout.
Which process is harder to obtain?
Temporary custody is generally straightforward when both parents consent — but becomes significantly more difficult if parents object, because the petitioner must overcome the strong presumption that parents have the right to raise their own children. Guardian advocacy, while still a serious legal process, typically involves demonstrating the nature and extent of the person's disability rather than overcoming parental rights.
At Lauren Richardson Law, Lauren offers a free 15-minute phone consultation to help you figure out which path applies to your family's situation before you take any steps.