HB 0109CS

CHAMBER ACTION




1The Future of Florida's Families Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to temporary custody of a child by an
8extended family member or a putative father; amending s.
9751.011, F.S.; defining the term "extended family member";
10amending s. 751.02, F.S.; authorizing an extended family
11member to bring a proceeding in court to determine the
12temporary custody of a child; amending s. 751.03, F.S.;
13specifying the information that must be included in a
14petition for temporary custody by an extended family
15member or a putative father; providing that only an
16extended family member or a putative father may file a
17petition for temporary custody under ch. 751, F.S.;
18amending s. 751.05, F.S.; authorizing a court to redirect
19child support payments to an extended family member;
20providing that either or both of the child's parents may
21petition the court to modify the order granting temporary
22custody under certain circumstances; providing an
23effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (1) of section 751.011, Florida
28Statutes, is amended to read:
29     751.011  Definitions.--As used in ss. 751.01-751.05, the
30term:
31     (1)  "Extended family member" is any person who is a
32relative within the third degree by blood or marriage to the
33parent or stepparent of a child family composed of the minor
34child and a relative of the child who is the child's brother,
35sister, grandparent, aunt, uncle, or cousin.
36     Section 2.  Section 751.02, Florida Statutes, is amended to
37read:
38     751.02  Determination of temporary custody proceedings;
39jurisdiction.--
40     (1)  The following individuals may bring proceedings in the
41circuit court to determine the temporary custody of a minor
42child:
43     (a)  Any extended family member relative of a minor child
44who has the signed, notarized consent of the child's legal
45parents;, or
46     (b)  Any extended family member or a putative father who is
47caring full time for the child in the role of a substitute
48parent and relative of the child, including a putative father,
49with whom the child is presently living, may bring proceedings
50in the circuit court to determine the temporary custody of the
51child.
52     (2)  A putative father may bring a proceeding for temporary
53custody only when he is unable to perfect personal service of
54process upon the mother of the child. When the putative father
55is able to perfect personal service of process upon the mother
56of the child, he must petition for custody and other relief,
57including the establishment of his paternity of the child, under
58chapter 742.
59     Section 3.  Section 751.03, Florida Statutes, is amended to
60read:
61     751.03  Petition for temporary custody; contents.--Each
62Every petition for temporary custody of a minor child must be
63verified by the petitioner and must contain statements, to the
64best of petitioner's knowledge and belief, showing:
65     (1)  The name, date of birth, and current address of the
66child;
67     (2)  The names and current addresses of the child's
68parents;
69     (3)  The names and current addresses of the persons with
70whom the child has lived during the past 5 years;
71     (4)  The places where the child has lived during the past 5
72years;
73     (5)  Information concerning any custody proceeding in this
74or any other state with respect to the child;
75     (6)  The residence and post office address of the
76petitioner;
77     (7)  The petitioner's relationship to the child, including
78the circumstances leading the petitioner to believe he is the
79natural father of the child when the petitioner is the putative
80father; and
81     (8)  The consent of the child's parents, or the
82circumstances of the child's current living situation with the
83petitioner, including information concerning the fitness of the
84parents to raise the child and whether either parent has abused,
85abandoned, or neglected the child;.
86     (9)  Any temporary or permanent child support obligations
87for the benefit of the child;
88     (10)  Whether an order of protection governing the parties
89or a party and a minor child of the parties or party is in
90effect and, if so, the court in which the order was entered;
91     (11)  That it is in the best interest of the child for the
92petitioner to have custody of the child; and
93     (12)(9)  A statement of the period of time the petitioner
94is requesting temporary custody, including a statement of the
95reasons supporting that request.
96
97Only an extended family member or a putative father may file a
98petition under this chapter.
99     Section 4.  Subsections (5) and (7) of section 751.05,
100Florida Statutes, are amended to read:
101     751.05  Order granting temporary custody.--
102     (5)(a)  The order granting temporary custody of the minor
103child to the petitioner may not include an order for the support
104of the child unless the parent has received personal or
105substituted service of process, the petition requests an order
106for the support of the child, and there is evidence of the
107parent's ability to pay the support ordered.
108     (b)  The order granting temporary custody may redirect all
109or part of an existing child support obligation to be paid to
110the extended family member who is granted temporary custody of
111the child. If the court redirects an existing child support
112obligation, the clerk of the circuit court in which the
113temporary custody order is entered shall transmit a certified
114copy thereof to the court originally entering the child support
115order. The temporary custody order shall be recorded and filed
116in the original action in which child support was determined and
117become a part thereof.
118     (7)  At any time, either or both of the child's parents may
119petition the court to modify or terminate the order granting
120temporary custody. The court shall terminate the order upon a
121finding that the parent requesting the termination of the order
122is a fit parent, or by consent of the parties. The court may
123modify an order granting temporary custody if the parties
124consent or if modification is in the best interest of the child.
125     Section 5.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.