1 | A bill to be entitled |
2 | An act relating to concurrent custody of a minor child; |
3 | amending s. 751.01, F.S.; revising purpose of the act; |
4 | conforming a cross-reference; amending s. 751.011, F.S.; |
5 | providing a definition; amending s. 751.02, F.S.; |
6 | authorizing an extended family member to bring a |
7 | proceeding in court to determine concurrent custody of a |
8 | minor child; creating s. 751.031, F.S.; specifying |
9 | information that must be included in a petition for |
10 | concurrent custody of a minor child by an extended family |
11 | member; providing that only an extended family member may |
12 | file a petition for concurrent custody under ch. 751, |
13 | F.S.; creating s. 751.051, F.S.; setting forth the terms |
14 | of an order granting concurrent custody; authorizing a |
15 | court to redirect child support payments to an extended |
16 | family member; requiring that, if possible, the court |
17 | order payment of arrearages; providing that either or both |
18 | of the child's parents may petition the court to modify or |
19 | terminate the order granting concurrent custody under |
20 | certain circumstances; amending ss. 49.011 and 751.04, |
21 | F.S.; conforming cross-references; providing an effective |
22 | date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Section 751.01, Florida Statutes, is amended to |
27 | read: |
28 | 751.01 Purpose of act.--The purposes of ss. 751.01-751.051 |
29 | 751.01-751.05 are to: |
30 | (1) Recognize that many minor children in this state live |
31 | with and are well cared for by members of their extended |
32 | families. The parents of these children have often provided for |
33 | their care by placing them temporarily with another family |
34 | member who is better able to care for them. Because of the care |
35 | being provided the children by their extended families, they are |
36 | not dependent children. |
37 | (2) Provide for the welfare of a minor child who is living |
38 | with extended family members. At present, such family members |
39 | are unable to give complete care to the child in their custody |
40 | because they lack a legal document that explains and defines |
41 | their relationship to the child, and they are unable effectively |
42 | to consent to the care of the child by third parties. |
43 | (3) Provide temporary or concurrent custody of a minor |
44 | child to a family member having physical custody of the minor |
45 | child to enable the custodian to: |
46 | (a) Consent to all necessary and reasonable medical and |
47 | dental care for the child, including nonemergency surgery and |
48 | psychiatric care; |
49 | (b) Secure copies of the child's records, held by third |
50 | parties, that are necessary to the care of the child, including, |
51 | but not limited to: |
52 | 1. Medical, dental, and psychiatric records; |
53 | 2. Birth certificates and other records; and |
54 | 3. Educational records; |
55 | (c) Enroll the child in school and grant or withhold |
56 | consent for a child to be tested or placed in special school |
57 | programs, including exceptional education; and |
58 | (d) Do all other things necessary for the care of the |
59 | child. |
60 | Section 2. Section 751.011, Florida Statutes, is amended |
61 | to read: |
62 | 751.011 Definitions.--As used in ss. 751.01-751.051: |
63 | 751.01-751.05, |
64 | (1) The term "concurrent custody" means that a person |
65 | eligible to obtain temporary custody under this chapter may |
66 | obtain custodial rights to care for the child at the same time |
67 | as the child's parent or parents. A finding of abuse, |
68 | abandonment, or neglect is not necessary to grant concurrent |
69 | custody over the objection of a parent. An order granting |
70 | concurrent custody does not eliminate or diminish the custodial |
71 | rights of the child's parent or parents. |
72 | (2) The term "extended family member" is any person who |
73 | is: |
74 | (a)(1) A relative within the third degree by blood or |
75 | marriage to the parent; or |
76 | (b)(2) The stepparent of a child if the stepparent is |
77 | currently married to the parent of the child and is not a party |
78 | in a pending dissolution, separate maintenance, domestic |
79 | violence, or other civil or criminal proceeding in any court of |
80 | competent jurisdiction involving one or both of the child's |
81 | parents as an adverse party. |
82 | Section 3. Section 751.02, Florida Statutes, is amended to |
83 | read: |
84 | 751.02 Determination of temporary and concurrent custody |
85 | proceedings; jurisdiction.--The following individuals may bring |
86 | proceedings in the circuit court to determine the temporary or |
87 | concurrent custody of a minor child: |
88 | (1) Any extended family member who has the signed, |
89 | notarized consent of the child's legal parents; or |
90 | (2) Any extended family member who is caring full time for |
91 | the child in the role of a substitute parent and with whom the |
92 | child is presently living. |
93 | Section 4. Section 751.031, Florida Statutes, is created |
94 | to read: |
95 | 751.031 Petition for concurrent custody; contents.--Each |
96 | petition for concurrent custody of a minor child must be |
97 | verified by the petitioner and must contain statements, to the |
98 | best of petitioner's knowledge and belief, showing: |
99 | (1) The name, date of birth, and current address of the |
100 | child. |
101 | (2) The names and current addresses of the child's |
102 | parents. |
103 | (3) The names and current addresses of the persons with |
104 | whom the child has lived during the past 5 years. |
105 | (4) The places where the child has lived during the past 5 |
106 | years. |
107 | (5) Information concerning any custody proceeding in this |
108 | or any other state with respect to the child. |
109 | (6) The residence and post office address of the |
110 | petitioner. |
111 | (7) The petitioner's relationship to the child. |
112 | (8) The consent of the child's parents, or a description |
113 | of the efforts made by the petitioner to obtain consent and the |
114 | results of those efforts. |
115 | (9) Any temporary or permanent order for child support, |
116 | the court entering the order, and the case number. |
117 | (10) Any temporary or permanent order for protection |
118 | entered on behalf of or against either parent, the petitioner, |
119 | or the child; the court entering the order; and the case number. |
120 | (11) That it is in the best interest of the child for the |
121 | petitioner to have concurrent custody of the child. |
122 | (12) A statement of the period of time the petitioner is |
123 | requesting concurrent custody, including a statement of the |
124 | reasons supporting that request. |
125 | |
126 | Only an extended family member may file a petition under this |
127 | section. |
128 | Section 5. Section 751.04, Florida Statutes, is amended to |
129 | read: |
130 | 751.04 Notice and opportunity to be heard.--Before a |
131 | decree is made under ss. 751.01-751.051 751.01-751.05, |
132 | reasonable notice and opportunity to be heard must be given to |
133 | the parents of the minor child by service of process, either |
134 | personal or constructive. |
135 | Section 6. Section 751.051, Florida Statutes, is created |
136 | to read: |
137 | 751.051 Order granting concurrent custody.-- |
138 | (1) At the hearing on the petition for concurrent custody, |
139 | the court must hear the evidence concerning a minor child's need |
140 | for care by the petitioner, all other matters required to be set |
141 | forth in the petition, and the objections or other testimony of |
142 | the child's parent or parents, if present. |
143 | (2) Unless the minor child's parent or parents object, the |
144 | court shall award concurrent custody of the child to the |
145 | petitioner when it is in the best interest of the child to do |
146 | so. |
147 | (3) If one of the minor child's parents objects to the |
148 | granting of concurrent custody to the petitioner, the court |
149 | shall grant the petition only upon a finding, by clear and |
150 | convincing evidence, that the child's parent or parents are not |
151 | routinely available to provide the care and control of the child |
152 | and that the petitioner is the primary custodian of the child |
153 | and needs legal authority to give complete care to the child. |
154 | (4) The order granting concurrent custody of the minor |
155 | child does not affect the ability of the child's parent or |
156 | parents to obtain physical custody of the child at any time. |
157 | (5)(a) The order granting concurrent custody of the minor |
158 | child to the petitioner may not include an order for the support |
159 | of the child unless the parent has received personal or |
160 | substituted service of process, the petition requests an order |
161 | for the support of the child, and there is evidence of the |
162 | parent's ability to pay the support ordered. |
163 | (b) The order granting concurrent custody may redirect all |
164 | or part of an existing child support obligation to be paid to |
165 | the extended family member who is granted concurrent custody of |
166 | the child. If the court redirects an existing child support |
167 | obligation, the order granting temporary custody must include, |
168 | if possible, the determination of arrearages owed to the obligee |
169 | and the person awarded temporary custody and must order payment |
170 | of the arrearages. The clerk of the circuit court in which the |
171 | concurrent custody order is entered shall transmit a certified |
172 | copy thereof to the court originally entering the child support |
173 | order. The concurrent custody order shall be recorded and filed |
174 | in the original action in which child support was determined and |
175 | become a part thereof. A copy of the concurrent custody order |
176 | shall be filed with the depository that serves as the official |
177 | recordkeeper for support payments due under the support order. |
178 | The depository shall maintain separate accounts and separate |
179 | account numbers for individual obligees. |
180 | (6) At any time, either or both of the child's parents may |
181 | petition the court to modify or terminate the order granting |
182 | concurrent custody. The court shall terminate the order upon a |
183 | finding that the parent is available to provide care and control |
184 | of the child, or by consent of the parties. The court may modify |
185 | an order granting concurrent custody if the parties consent or |
186 | if modification is in the best interest of the child. |
187 | Section 7. Subsection (14) of section 49.011, Florida |
188 | Statutes, is amended to read: |
189 | 49.011 Service of process by publication; cases in which |
190 | allowed.--Service of process by publication may be made in any |
191 | court on any party identified in s. 49.021 in any action or |
192 | proceeding: |
193 | (14) For temporary or concurrent custody of a minor child, |
194 | under ss. 751.01-751.051 751.01-751.05. |
195 | Section 8. This act shall take effect July 1, 2008. |