Senate Bill sb0118
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Florida Senate - 2006 SB 118
By Senator Fasano
11-49-06
1 A bill to be entitled
2 An act relating to temporary custody of a child
3 by an extended family member or putative
4 father; amending s. 751.011, F.S.; defining the
5 term "extended family member"; amending s.
6 751.02, F.S.; authorizing an extended family
7 member to bring a proceeding in court to
8 determine the temporary custody of a child;
9 amending s. 751.03, F.S.; specifying the
10 information that must be included in a petition
11 for temporary custody by an extended family
12 member or putative father; providing that only
13 an extended family member or putative father
14 may file a petition for temporary custody under
15 ch. 751, F.S.; amending s. 751.05, F.S.;
16 providing that either or both of the child's
17 parents may petition the court to modify the
18 order granting temporary custody under certain
19 circumstances; providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (1) of section 751.011, Florida
24 Statutes, is amended to read:
25 751.011 Definitions.--As used in ss. 751.01-751.05,
26 the term:
27 (1) "Extended family member" is any person who is a
28 relative:
29 (a) Within the third degree by blood or marriage to
30 the parent or stepparent of a child and who is caring
31 full-time for that child in the role of substitute parent; or
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 118
11-49-06
1 (b) Within the third degree by blood or marriage to
2 the parent or stepparent of a child and who is caring
3 full-time for that child and a half-brother or half-sister of
4 that child, in the role of substitute parent family composed
5 of the minor child and a relative of the child who is the
6 child's brother, sister, grandparent, aunt, uncle, or cousin.
7 Section 2. Section 751.02, Florida Statutes, is
8 amended to read:
9 751.02 Determination of temporary custody proceedings;
10 jurisdiction.--Any extended family member relative of a minor
11 child who has the signed, notarized consent of the child's
12 legal parents, or any extended family member relative of the
13 child, including a putative father, with whom the child is
14 presently living, may bring proceedings in the circuit court
15 to determine the temporary custody of the child. A putative
16 father may bring a proceeding for temporary custody only when
17 he is unable to perfect personal service of process upon the
18 mother of the child. When the putative father is able to
19 perfect personal service of process upon the mother of the
20 child, he must petition for custody and other relief,
21 including the establishment of his paternity of the child,
22 under chapter 742.
23 Section 3. Section 751.03, Florida Statutes, is
24 amended to read:
25 751.03 Petition for temporary custody; contents.--Each
26 Every petition for temporary custody of a minor child must be
27 verified by the petitioner and must contain statements, to the
28 best of petitioner's knowledge and belief, showing:
29 (1) The name, date of birth, and current address of
30 the child;
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Florida Senate - 2006 SB 118
11-49-06
1 (2) The names and current addresses of the child's
2 parents;
3 (3) The names and current addresses of the persons
4 with whom the child has lived during the past 5 years;
5 (4) The places where the child has lived during the
6 past 5 years;
7 (5) Information concerning any custody proceeding in
8 this or any other state with respect to the child;
9 (6) The residence and post office address of the
10 petitioner;
11 (7) The petitioner's relationship to the child,
12 including the circumstances leading the petitioner to believe
13 he is the natural father of the child when the petitioner is
14 the putative father; and
15 (8) The consent of the child's parents, or the
16 circumstances of the child's current living situation with the
17 petitioner, including all information concerning the fitness
18 of the parents to raise the child, including information
19 concerning whether either parent has abused, abandoned, or
20 neglected the child;.
21 (9) Any temporary or permanent child support,
22 attorney's fees, costs, and disbursements;
23 (10) Whether an order of protection governing the
24 parties or a party and a minor child of the parties or party
25 is in effect and, if so, the court or similar jurisdiction in
26 which the order was entered;
27 (11) That it is in the best interests of the child for
28 the petitioner to have custody of the child; and
29 (12)(9) A statement of the period of time the
30 petitioner is requesting temporary custody, including a
31 statement of the reasons supporting that request.
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Florida Senate - 2006 SB 118
11-49-06
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2 Only an extended family member or putative father may file a
3 petition under this chapter.
4 Section 4. Subsection (7) of section 751.05, Florida
5 Statutes, is amended to read:
6 751.05 Order granting temporary custody.--
7 (7) At any time, either or both of the child's parents
8 may petition the court to modify or terminate the order
9 granting temporary custody upon a finding that the parent
10 requesting the termination of the order is a fit parent, or by
11 consent of the parties.
12 Section 5. This act shall take effect July 1, 2006.
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