CODING: Words stricken are deletions; words underlined are additions.House Bill 0479
Florida House of Representatives - 1997 HB 479
By Representative Kelly
1 A bill to be entitled
2 An act relating to child custody and
3 visitation; amending s. 61.13, F.S.; providing
4 for standing in court with respect to persons
5 who have been awarded temporary custody of a
6 minor child for the purpose of evaluating what
7 custody arrangements are in the best interest
8 of the child; amending s. 751.011, F.S.;
9 redefining the term "extended family"; amending
10 s. 751.02, F.S.; providing that grandparents of
11 a minor child may bring proceedings in circuit
12 court to determine the temporary custody of the
13 child under certain circumstances; amending s.
14 752.01, F.S.; revising language with respect to
15 an action by a grandparent for the right of
16 visitation; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (7) of section 61.13, Florida
21 Statutes, 1996 Supplement, is amended to read:
22 61.13 Custody and support of children; visitation
23 rights; power of court in making orders.--
24 (7) In any case where the child is actually residing
25 with a grandparent in a stable relationship, whether the court
26 has awarded custody to the grandparent or not, the court may
27 recognize the grandparents as having the same standing as
28 parents for evaluating what custody arrangements are in the
29 best interest of the child. In any case where the child is
30 actually residing in a stable relationship with any person who
31 has been awarded temporary custody under chapter 751, the
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 479
90-376-97
1 court may recognize that person or persons as having the same
2 standing as parents for evaluating what custody arrangements
3 are in the best interest of the child.
4 Section 2. Subsection (1) of section 751.011, Florida
5 Statutes, 1996 Supplement, is amended to read:
6 751.011 Definitions.--As used in ss. 751.01-751.05,
7 the term:
8 (1) "Extended family" is any family composed of the
9 minor child and a relative of the child who is the child's
10 brother, sister, grandparent, aunt, uncle, or cousin; or any
11 family composed of the minor child and any person with whom
12 the minor child has formed a binding relationship and with
13 whom the minor child has resided for a period of 6 months or
14 more.
15 Section 3. Section 751.02, Florida Statutes, is
16 amended to read:
17 751.02 Determination of temporary custody proceedings;
18 jurisdiction.--Any relative of a minor child who has the
19 signed, notarized consent of the child's legal parents, or any
20 relative of the child, including a putative father, with whom
21 the child is presently living, or the grandparents of the
22 minor child, may bring proceedings in the circuit court to
23 determine the temporary custody of the child. A putative
24 father may bring a proceeding for temporary custody only when
25 he is unable to perfect personal service of process upon the
26 mother of the child. When the putative father is able to
27 perfect personal service of process upon the mother of the
28 child, he must petition for custody and other relief,
29 including the establishment of his paternity of the child,
30 under chapter 742.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 479
90-376-97
1 Section 4. Paragraph (e) of subsection (1) of section
2 752.01, Florida Statutes, is amended to read:
3 752.01 Action by grandparent for right of visitation;
4 when petition shall be granted.--
5 (1) The court shall, upon petition filed by a
6 grandparent of a minor child, award reasonable rights of
7 visitation to the grandparent with respect to the child when
8 it is in the best interest of the minor child if:
9 (e) The minor is living with both natural parents who
10 are still married to each other whether or not there is a
11 broken relationship between either or both parents of the
12 minor child and the grandparents, and either or both parents
13 have used their parental authority to prohibit a relationship
14 between the minor child and the grandparents only upon a
15 showing that prohibition of visitation between the minor child
16 and the grandparents would harm the minor child or be to the
17 minor child's detriment.
18 Section 5. This act shall take effect October 1, 1997.
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21 HOUSE SUMMARY
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Provides that in any case where a child is actually
23 residing in a stable relationship with any person who has
been awarded temporary custody under ch. 751, F.S., the
24 court may recognize that person as having the same
standing as a parent for evaluating what custody
25 arrangements are in the best interest of the child.
Redefines the term "extended family" to include any
26 family composed of the minor child and any person with
whom the minor child has formed a binding relationship
27 and with whom the minor child has resided for a period of
6 months or more. Authorizes grandparents, under certain
28 circumstances, to bring proceedings in circuit court to
determine the temporary custody of a child. Revises
29 language with respect to an action by a grandparent for
the right of visitation. See bill for details.
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