| 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. |