Senate Bill sb0118c1

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    Florida Senate - 2006                            CS for SB 118

    By the Committee on Judiciary; and Senator Fasano





    590-728-06

  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         authorizing a court to redirect child support

17         payments to an extended family member;

18         providing that either or both of the child's

19         parents may petition the court to modify the

20         order granting temporary custody under certain

21         circumstances; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsection (1) of section 751.011, Florida

26  Statutes, is amended to read:

27         751.011  Definitions.--As used in ss. 751.01-751.05,

28  the term:

29         (1)  "Extended family member" is any person who is a

30  relative within the third degree by blood or marriage to the

31  parent or stepparent of a child family composed of the minor

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    Florida Senate - 2006                            CS for SB 118
    590-728-06




 1  child and a relative of the child who is the child's brother,

 2  sister, grandparent, aunt, uncle, or cousin.

 3         Section 2.  Section 751.02, Florida Statutes, is

 4  amended to read:

 5         751.02  Determination of temporary custody proceedings;

 6  jurisdiction.--

 7         (1)  The following individuals may bring proceedings in

 8  the circuit court to determine the temporary custody of a

 9  minor child:

10         (a)  Any extended family member relative of a minor

11  child who has the signed, notarized consent of the child's

12  legal parents;, or

13         (b)  Any extended family member or a putative father

14  who is caring full time for the child in the role of a

15  substitute parent and relative of the child, including a

16  putative father, with whom the child is presently living, may

17  bring proceedings in the circuit court to determine the

18  temporary custody of the child.

19         (2)  A putative father may bring a proceeding for

20  temporary custody only when he is unable to perfect personal

21  service of process upon the mother of the child.  When the

22  putative father is able to perfect personal service of process

23  upon the mother of the child, he must petition for custody and

24  other relief, including the establishment of his paternity of

25  the child, under chapter 742.

26         Section 3.  Section 751.03, Florida Statutes, is

27  amended to read:

28         751.03  Petition for temporary custody; contents.--Each

29  Every petition for temporary custody of a minor child must be

30  verified by the petitioner and must contain statements, to the

31  best of petitioner's knowledge and belief, showing:

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    Florida Senate - 2006                            CS for SB 118
    590-728-06




 1         (1)  The name, date of birth, and current address of

 2  the child;

 3         (2)  The names and current addresses of the child's

 4  parents;

 5         (3)  The names and current addresses of the persons

 6  with whom the child has lived during the past 5 years;

 7         (4)  The places where the child has lived during the

 8  past 5 years;

 9         (5)  Information concerning any custody proceeding in

10  this or any other state with respect to the child;

11         (6)  The residence and post office address of the

12  petitioner;

13         (7)  The petitioner's relationship to the child,

14  including the circumstances leading the petitioner to believe

15  he is the natural father of the child when the petitioner is

16  the putative father; and

17         (8)  The consent of the child's parents, or the

18  circumstances of the child's current living situation with the

19  petitioner, including information concerning the fitness of

20  the parents to raise the child and whether either parent has

21  abused, abandoned, or neglected the child;.

22         (9)  Any temporary or permanent child support

23  obligations for the benefit of the child;

24         (10)  Whether an order of protection governing the

25  parties or a party and a minor child of the parties or party

26  is in effect and, if so, the court in which the order was

27  entered;

28         (11)  That it is in the best interest of the child for

29  the petitioner to have custody of the child; and

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31  

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    Florida Senate - 2006                            CS for SB 118
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 1         (12)(9)  A statement of the period of time the

 2  petitioner is requesting temporary custody, including a

 3  statement of the reasons supporting that request.

 4  

 5  Only an extended family member or putative father may file a

 6  petition under this chapter.

 7         Section 4.  Subsections (5) and (7) of section 751.05,

 8  Florida Statutes, are amended to read:

 9         751.05  Order granting temporary custody.--

10         (5)(a)  The order granting temporary custody of the

11  minor child to the petitioner may not include an order for the

12  support of the child unless the parent has received personal

13  or substituted service of process, the petition requests an

14  order for the support of the child, and there is evidence of

15  the parent's ability to pay the support ordered.

16         (b)  The order granting temporary custody may redirect

17  all or part of an existing child support obligation to be paid

18  to the extended family member who is granted temporary custody

19  of the child. If the court redirects an existing child support

20  obligation, the clerk of the circuit court in which the

21  temporary custody order is entered shall transmit a certified

22  copy thereof to the court originally entering the child

23  support order. The temporary custody order shall be recorded

24  and filed in the original action in which child support was

25  determined and become a part thereof.

26         (7)  At any time, either or both of the child's parents

27  may petition the court to modify or terminate the order

28  granting temporary custody. The court shall terminate the

29  order upon a finding that the parent requesting the

30  termination of the order is a fit parent, or by consent of the

31  parties. The court may modify an order granting temporary

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    Florida Senate - 2006                            CS for SB 118
    590-728-06




 1  custody if the parties consent or if modification is in the

 2  best interest of the child.

 3         Section 5.  This act shall take effect July 1, 2006.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 118

 7                                 

 8  Allows a court to order that an existing child support
    obligation be paid to a relative who is granted temporary
 9  custody of a child.

10  Removes the requirement that a person first act as a
    substitute parent to a child before a petition for temporary
11  custody may be filed with the consent of the parents.

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