HB 907

1
A bill to be entitled
2An act relating to concurrent custody of a minor child;
3amending s. 751.01, F.S.; revising purpose of the act;
4conforming a cross-reference; amending s. 751.011, F.S.;
5providing a definition; amending s. 751.02, F.S.;
6authorizing an extended family member to bring a
7proceeding in court to determine concurrent custody of a
8minor child; creating s. 751.031, F.S.; specifying
9information that must be included in a petition for
10concurrent custody of a minor child by an extended family
11member; providing that only an extended family member may
12file a petition for concurrent custody under ch. 751,
13F.S.; creating s. 751.051, F.S.; setting forth the terms
14of an order granting concurrent custody; authorizing a
15court to redirect child support payments to an extended
16family member; requiring that, if possible, the court
17order payment of arrearages; providing that either or both
18of the child's parents may petition the court to modify or
19terminate the order granting concurrent custody under
20certain circumstances; amending ss. 49.011 and 751.04,
21F.S.; conforming cross-references; providing an effective
22date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 751.01, Florida Statutes, is amended to
27read:
28     751.01  Purpose of act.--The purposes of ss. 751.01-751.051
29751.01-751.05 are to:
30     (1)  Recognize that many minor children in this state live
31with and are well cared for by members of their extended
32families. The parents of these children have often provided for
33their care by placing them temporarily with another family
34member who is better able to care for them. Because of the care
35being provided the children by their extended families, they are
36not dependent children.
37     (2)  Provide for the welfare of a minor child who is living
38with extended family members. At present, such family members
39are unable to give complete care to the child in their custody
40because they lack a legal document that explains and defines
41their relationship to the child, and they are unable effectively
42to consent to the care of the child by third parties.
43     (3)  Provide temporary or concurrent custody of a minor
44child to a family member having physical custody of the minor
45child to enable the custodian to:
46     (a)  Consent to all necessary and reasonable medical and
47dental care for the child, including nonemergency surgery and
48psychiatric care;
49     (b)  Secure copies of the child's records, held by third
50parties, that are necessary to the care of the child, including,
51but 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
56consent for a child to be tested or placed in special school
57programs, including exceptional education; and
58     (d)  Do all other things necessary for the care of the
59child.
60     Section 2.  Section 751.011, Florida Statutes, is amended
61to read:
62     751.011  Definitions.--As used in ss. 751.01-751.051:
63751.01-751.05,
64     (1)  The term "concurrent custody" means that a person
65eligible to obtain temporary custody under this chapter may
66obtain custodial rights to care for the child at the same time
67as the child's parent or parents. A finding of abuse,
68abandonment, or neglect is not necessary to grant concurrent
69custody over the objection of a parent. An order granting
70concurrent custody does not eliminate or diminish the custodial
71rights of the child's parent or parents.
72     (2)  The term "extended family member" is any person who
73is:
74     (a)(1)  A relative within the third degree by blood or
75marriage to the parent; or
76     (b)(2)  The stepparent of a child if the stepparent is
77currently married to the parent of the child and is not a party
78in a pending dissolution, separate maintenance, domestic
79violence, or other civil or criminal proceeding in any court of
80competent jurisdiction involving one or both of the child's
81parents as an adverse party.
82     Section 3.  Section 751.02, Florida Statutes, is amended to
83read:
84     751.02  Determination of temporary and concurrent custody
85proceedings; jurisdiction.--The following individuals may bring
86proceedings in the circuit court to determine the temporary or
87concurrent custody of a minor child:
88     (1)  Any extended family member who has the signed,
89notarized consent of the child's legal parents; or
90     (2)  Any extended family member who is caring full time for
91the child in the role of a substitute parent and with whom the
92child is presently living.
93     Section 4.  Section 751.031, Florida Statutes, is created
94to read:
95     751.031  Petition for concurrent custody; contents.--Each
96petition for concurrent custody of a minor child must be
97verified by the petitioner and must contain statements, to the
98best of petitioner's knowledge and belief, showing:
99     (1)  The name, date of birth, and current address of the
100child.
101     (2)  The names and current addresses of the child's
102parents.
103     (3)  The names and current addresses of the persons with
104whom the child has lived during the past 5 years.
105     (4)  The places where the child has lived during the past 5
106years.
107     (5)  Information concerning any custody proceeding in this
108or any other state with respect to the child.
109     (6)  The residence and post office address of the
110petitioner.
111     (7)  The petitioner's relationship to the child.
112     (8)  The consent of the child's parents, or a description
113of the efforts made by the petitioner to obtain consent and the
114results of those efforts.
115     (9)  Any temporary or permanent order for child support,
116the court entering the order, and the case number.
117     (10)  Any temporary or permanent order for protection
118entered on behalf of or against either parent, the petitioner,
119or 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
121petitioner to have concurrent custody of the child.
122     (12)  A statement of the period of time the petitioner is
123requesting concurrent custody, including a statement of the
124reasons supporting that request.
125
126Only an extended family member may file a petition under this
127section.
128     Section 5.  Section 751.04, Florida Statutes, is amended to
129read:
130     751.04  Notice and opportunity to be heard.--Before a
131decree is made under ss. 751.01-751.051 751.01-751.05,
132reasonable notice and opportunity to be heard must be given to
133the parents of the minor child by service of process, either
134personal or constructive.
135     Section 6.  Section 751.051, Florida Statutes, is created
136to read:
137     751.051  Order granting concurrent custody.--
138     (1)  At the hearing on the petition for concurrent custody,
139the court must hear the evidence concerning a minor child's need
140for care by the petitioner, all other matters required to be set
141forth in the petition, and the objections or other testimony of
142the child's parent or parents, if present.
143     (2)  Unless the minor child's parent or parents object, the
144court shall award concurrent custody of the child to the
145petitioner when it is in the best interest of the child to do
146so.
147     (3)  If one of the minor child's parents objects to the
148granting of concurrent custody to the petitioner, the court
149shall grant the petition only upon a finding, by clear and
150convincing evidence, that the child's parent or parents are not
151routinely available to provide the care and control of the child
152and that the petitioner is the primary custodian of the child
153and needs legal authority to give complete care to the child.
154     (4)  The order granting concurrent custody of the minor
155child does not affect the ability of the child's parent or
156parents to obtain physical custody of the child at any time.
157     (5)(a)  The order granting concurrent custody of the minor
158child to the petitioner may not include an order for the support
159of the child unless the parent has received personal or
160substituted service of process, the petition requests an order
161for the support of the child, and there is evidence of the
162parent's ability to pay the support ordered.
163     (b)  The order granting concurrent custody may redirect all
164or part of an existing child support obligation to be paid to
165the extended family member who is granted concurrent custody of
166the child. If the court redirects an existing child support
167obligation, the order granting temporary custody must include,
168if possible, the determination of arrearages owed to the obligee
169and the person awarded temporary custody and must order payment
170of the arrearages. The clerk of the circuit court in which the
171concurrent custody order is entered shall transmit a certified
172copy thereof to the court originally entering the child support
173order. The concurrent custody order shall be recorded and filed
174in the original action in which child support was determined and
175become a part thereof. A copy of the concurrent custody order
176shall be filed with the depository that serves as the official
177recordkeeper for support payments due under the support order.
178The depository shall maintain separate accounts and separate
179account numbers for individual obligees.
180     (6)  At any time, either or both of the child's parents may
181petition the court to modify or terminate the order granting
182concurrent custody. The court shall terminate the order upon a
183finding that the parent is available to provide care and control
184of the child, or by consent of the parties. The court may modify
185an order granting concurrent custody if the parties consent or
186if modification is in the best interest of the child.
187     Section 7.  Subsection (14) of section 49.011, Florida
188Statutes, is amended to read:
189     49.011  Service of process by publication; cases in which
190allowed.--Service of process by publication may be made in any
191court on any party identified in s. 49.021 in any action or
192proceeding:
193     (14)  For temporary or concurrent custody of a minor child,
194under ss. 751.01-751.051 751.01-751.05.
195     Section 8.  This act shall take effect July 1, 2008.


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