Handing Over Temporary Care? Notarizing the Florida Concurrent Custody Affidavit
- Leo McKay
- Jun 3
- 3 min read
Need to sign paperwork so a grandparent or relative can enroll a child in school or consent to medical care in Orlando? With families in Lake Nona, Winter Park, and neighborhoods across Orange County leaning on relatives for short-term care, it’s important to use the correct Florida process and notarization method under current 2026 regulations. This guide walks you through the right forms, notarization options (including Remote Online Notarization), and local steps at the Orange County Courthouse and clerk’s offices.
💡 Key Takeaways
For short-term school/medical authority, Florida’s Chapter 751 temporary custody by extended family (Form 12.970(a)) is usually the correct route—not the adoption-focused Form 12.981.
Notarization matters: parental consents in extended-family temporary custody packets are typically required to be signed and notarized.
Florida allows Remote Online Notarization (see F.S. § 117.265), but identity-proofing and technology rules apply under current 2026 regulations.
Local practicalities: the Orange County Clerk lists a $3.50 notary fee for court documents (per signature); recording fees are handled by the Orange County Comptroller.
Avoid mislabeling forms or relying on adoption forms when seeking temporary custody for school/medical decisions—doing so can delay court filings.
Why this matters in Orlando
Families in communities like Lake Nona, Winter Park, College Park, and near the Orange County Courthouse often rely on grandparents or other relatives for short-term caregiving. When parents are temporarily unavailable, having properly completed, signed, and notarized paperwork can avoid problems enrolling a child in school or obtaining medical treatment.
Which Florida form applies?
📄 Use Chapter 751 temporary custody (not adoption forms)
The proper legal hook for temporary authority by extended family is Chapter 751, Florida Statutes, and the Florida Courts’ packet for "Petition for Temporary Custody by Extended Family" (Form 12.970(a)) and its instructions. These materials typically require signed, notarized parental consent or court proof that the caregiver is acting as a substitute parent.
Do not rely on Form 12.981 (the 12.981 series is primarily adoption-related). Citing or using an adoption consent form to create temporary school/medical authority is a common mistake and can be challenged.
Notarization and Remote Online Notarization (RON)
❗ What you need to know
Florida notarization law is in Chapter 117. Remote Online Notarization is covered by Chapter 117, Part II; the statute addressing RON mechanics is F.S. § 117.265.
RON lets signers meet a notary remotely by secure video and have the notary attach an electronic notarial certificate—useful if a parent or caregiver is out of town but needs to sign immediately.
RON has strict identity-proofing and technology requirements. Under current 2026 regulations, make sure your remote notary follows credential analysis and session recording rules.
Local practical steps in Orange County
Decide whether you need a court-filed temporary custody petition (Chapter 751) or a private temporary authorization form for schools/medical providers. For full legal authority, the Chapter 751 petition is typical.
If parents are signing consents in person, a notary can witness and notarize at many locations. Orange County Clerk of Courts lists a notary fee of $3.50 per signature for court documents—handy if you're signing at the Orange County Courthouse or Clerk’s Records office.
If you must record any documents (not always required for Chapter 751 filings), check the Orange County Comptroller’s recording and certified copy fees ahead of time.
If a signer cannot attend in person, consider an Orlando remote online notary who follows F.S. § 117.265 rules.
Common mistakes to avoid
⚠️ Using adoption forms (like some 12.981-series templates) instead of the Chapter 751 packet—this can lead to rejected filings or confusion over authority.
⚠️ Assuming any notary can perform RON—only notaries commissioned and equipped for RON, following F.S. § 117.265, should handle remote sessions.
⚠️ Forgetting local fees and processing steps: the Orange County Clerk and Comptroller pages list fees that may apply when you file or record documents.
When to get help
If your situation involves complex parental rights, or if you need a court order that will be recognized by schools and medical providers, consult an attorney familiar with Chapter 751. A qualified Orlando notary who offers mobile and RON services can help ensure signatures and notarizations meet current 2026 requirements and local practices.
If you’re arranging temporary custody or parental consent paperwork in Orlando—whether in Lake Nona, Winter Park, or near the Orange County Courthouse—use the Chapter 751 process (Form 12.970(a)) rather than adoption forms like the 12.981 series. Notarization or RON must follow Florida law (see F.S. § 117.265) and local fee rules. For fast, accurate service, contact us to schedule Orlando Mobile Notary or Remote Online Notary assistance and we’ll help you complete and notarize the correct forms under current 2026 regulations.
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