| 1 | A bill to be entitled |
| 2 | An act relating to concurrent child custody; amending s. |
| 3 | 751.01, F.S.; revising the purpose of the chapter to |
| 4 | conform to changes made by the act; conforming a cross- |
| 5 | reference; amending s. 751.011, F.S.; defining the term |
| 6 | "concurrent custody"; amending s. 751.02, F.S.; providing |
| 7 | for court jurisdiction to determine concurrent custody; |
| 8 | creating s. 751.031, F.S.; providing requirements for a |
| 9 | petition to determine concurrent custody; creating s. |
| 10 | 751.051, F.S.; providing for hearings; requiring award of |
| 11 | concurrent custody when in the child's best interests |
| 12 | unless there is a parental objection; providing for |
| 13 | converting the petition to a petition for temporary |
| 14 | custody when there is a parental objection to concurrent |
| 15 | custody; providing that an order granting concurrent |
| 16 | custody of the minor child does not affect the ability of |
| 17 | the child's parents to obtain physical custody; providing |
| 18 | that a concurrent custody order may not include an order |
| 19 | for the support of the child unless specified requirements |
| 20 | are met; providing for redirection of a current child |
| 21 | support obligation; providing for termination of |
| 22 | concurrent custody orders; amending ss. 49.011 and 751.04, |
| 23 | F.S.; conforming cross-references; providing a directive |
| 24 | to the Division of Statutory Revision; providing an |
| 25 | effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Section 751.01, Florida Statutes, is amended to |
| 30 | read: |
| 31 | 751.01 Purpose of chapter act.--The purposes of this |
| 32 | chapter ss. 751.01-751.05 are to: |
| 33 | (1) Recognize that many minor children in this state live |
| 34 | with and are well cared for by members of their extended |
| 35 | families. The parents of these children have often provided for |
| 36 | their care by placing them temporarily with another family |
| 37 | member who is better able to care for them. Because of the care |
| 38 | being provided the children by their extended families, they are |
| 39 | not dependent children. |
| 40 | (2) Provide for the welfare of a minor child who is living |
| 41 | with extended family members. At present, such family members |
| 42 | are unable to give complete care to the child in their custody |
| 43 | because they lack a legal document that explains and defines |
| 44 | their relationship to the child, and they are unable effectively |
| 45 | to consent to the care of the child by third parties. |
| 46 | (3) Provide temporary or concurrent custody of a minor |
| 47 | child to a family member having physical custody of the minor |
| 48 | child to enable the custodian to: |
| 49 | (a) Consent to all necessary and reasonable medical and |
| 50 | dental care for the child, including nonemergency surgery and |
| 51 | psychiatric care; |
| 52 | (b) Secure copies of the child's records, held by third |
| 53 | parties, that are necessary to the care of the child, including, |
| 54 | but not limited to: |
| 55 | 1. Medical, dental, and psychiatric records; |
| 56 | 2. Birth certificates and other records; and |
| 57 | 3. Educational records; |
| 58 | (c) Enroll the child in school and grant or withhold |
| 59 | consent for a child to be tested or placed in special school |
| 60 | programs, including exceptional education; and |
| 61 | (d) Do all other things necessary for the care of the |
| 62 | child. |
| 63 | Section 2. Section 751.011, Florida Statutes, is amended |
| 64 | to read: |
| 65 | 751.011 Definitions.--As used in ss. this chapter 751.01- |
| 66 | 751.05, the term: |
| 67 | (1) "Concurrent custody" means custody by a person |
| 68 | eligible to obtain temporary custody under this chapter who |
| 69 | obtains concurrent custodial rights to care for a child while |
| 70 | the child's parent or parents also maintain custody. No finding |
| 71 | of abuse, abandonment, or neglect is necessary to grant |
| 72 | concurrent custody over the objection of a parent. An order |
| 73 | granting concurrent custody does not eliminate or diminish the |
| 74 | custodial rights of the child's parent or parents. |
| 75 | (2) "Extended family member" is any person who is: |
| 76 | (a)(1) A relative within the third degree by blood or |
| 77 | marriage to the parent; or |
| 78 | (b)(2) The stepparent of a child if the stepparent is |
| 79 | currently married to the parent of the child and is not a party |
| 80 | in a pending dissolution, separate maintenance, domestic |
| 81 | violence, or other civil or criminal proceeding in any court of |
| 82 | competent jurisdiction involving one or both of the child's |
| 83 | parents as an adverse party. |
| 84 | Section 3. Section 751.02, Florida Statutes, is amended to |
| 85 | read: |
| 86 | 751.02 Determination of temporary and concurrent custody |
| 87 | proceedings; jurisdiction.--The following individuals may bring |
| 88 | proceedings in the circuit court to determine the temporary or |
| 89 | concurrent custody of a minor child: |
| 90 | (1) Any extended family member who has the signed, |
| 91 | notarized consent of the child's legal parents; or |
| 92 | (2) Any extended family member who is caring full time for |
| 93 | the child in the role of a substitute parent and with whom the |
| 94 | child is presently living. |
| 95 | Section 4. Section 751.031, Florida Statutes, is created |
| 96 | to read: |
| 97 | 751.031 Petition for concurrent custody; contents.-- |
| 98 | (1) Each petition for concurrent custody of a minor child |
| 99 | must be verified by the petitioner and must contain statements, |
| 100 | to the best of petitioner's knowledge and belief, showing the |
| 101 | following: |
| 102 | (a) The name, date of birth, and current address of the |
| 103 | child. |
| 104 | (b) The names and current addresses of the child's parent |
| 105 | or parents. |
| 106 | (c) The names and current addresses of the persons with |
| 107 | whom the child has lived during the past 5 years. |
| 108 | (d) The places where the child has lived during the past 5 |
| 109 | years. |
| 110 | (e) Information concerning any custody proceeding in this |
| 111 | state or any other jurisdiction with respect to the child. |
| 112 | (f) The residence and post office address of the |
| 113 | petitioner. |
| 114 | (g) The petitioner's relationship to the child. |
| 115 | (h) The consent of both of the child's parents, or if the |
| 116 | child has only one living parent, that parent, or if the child |
| 117 | has a living parent or parents and one or both of them has |
| 118 | failed to respond to a request for consent, a description of the |
| 119 | efforts made by petitioner to obtain parental consent and the |
| 120 | results of those efforts. |
| 121 | (i) Any temporary or permanent orders for child support, |
| 122 | the court entering the order, and the case number. |
| 123 | (j) Any temporary or permanent order for protection |
| 124 | entered on behalf of or against either parent, the petitioner, |
| 125 | or the child; the court entering the order; and the case number. |
| 126 | (k) Why it is in the best interest of the child for the |
| 127 | petitioner to have concurrent custody of the child. |
| 128 | (l) A statement of the period of time the petitioner is |
| 129 | requesting concurrent custody, including a statement of the |
| 130 | reasons supporting that request. |
| 131 | (2) Only an extended family member may file a petition |
| 132 | under this chapter. |
| 133 | Section 5. Section 751.04, Florida Statutes, is amended to |
| 134 | read: |
| 135 | 751.04 Notice and opportunity to be heard.--Before a |
| 136 | decree is made under this chapter ss. 751.01-751.05, reasonable |
| 137 | notice and opportunity to be heard must be given to the parents |
| 138 | of the minor child by service of process, either personal or |
| 139 | constructive. |
| 140 | Section 6. Section 751.051, Florida Statutes, is created |
| 141 | to read: |
| 142 | 751.051 Order granting concurrent custody.-- |
| 143 | (1) At the hearing on the petition for concurrent custody, |
| 144 | the court must hear the evidence concerning a minor child's need |
| 145 | for care by the petitioner, all other matters required to be set |
| 146 | forth in the petition, and the objections or other testimony of |
| 147 | the child's parent or parents, if present. |
| 148 | (2) Unless one or both parents of the minor child object, |
| 149 | the court shall award the concurrent custody of the child to the |
| 150 | petitioner when it is in the best interest of the child to do |
| 151 | so. If one or both of the minor child's parents object to |
| 152 | concurrent custody, the court will give the petitioner the |
| 153 | option of converting the petition to a petition for temporary |
| 154 | custody. If the petitioner elects to convert to a petition for |
| 155 | temporary custody, any further proceedings shall be conducted |
| 156 | under s. 751.05 and the court shall set the matter for further |
| 157 | hearing and give the child's parents notice that the court will |
| 158 | take evidence to determine whether they are unfit to provide the |
| 159 | care and control of the child. If the petition is not converted |
| 160 | into a petition for temporary custody, it shall be dismissed |
| 161 | without prejudice. |
| 162 | (3) The order granting concurrent custody of the minor |
| 163 | child does not affect the ability of the child's parent or |
| 164 | parents to obtain physical custody of the child at any time. |
| 165 | (4)(a) The order granting concurrent custody of the minor |
| 166 | child to the petitioner may not include an order for the support |
| 167 | of the child unless the parent has received personal or |
| 168 | substituted service of process, the petition requests an order |
| 169 | for the support of the child, and there is evidence of the |
| 170 | parent's ability to pay the support ordered. |
| 171 | (b) The order granting concurrent custody may redirect all |
| 172 | or part of an existing child support obligation to be paid to |
| 173 | the extended family member who is granted concurrent custody of |
| 174 | the child. If the court redirects an existing child support |
| 175 | obligation, the order granting temporary custody must include, |
| 176 | if possible, the determination of arrearages owed to the obligee |
| 177 | and the person awarded temporary custody and must order payment |
| 178 | of the arrearages. The clerk of the circuit court in which the |
| 179 | concurrent custody order is entered shall transmit a certified |
| 180 | copy thereof to the court originally entering the child support |
| 181 | order. The concurrent custody order shall be recorded and filed |
| 182 | in the original action in which child support was determined and |
| 183 | become a part thereof. A copy of the concurrent custody order |
| 184 | shall be filed with the depository that serves as the official |
| 185 | recordkeeper for support payments due under the support order. |
| 186 | The depository shall maintain separate accounts and separate |
| 187 | account numbers for individual obligees. |
| 188 | (5) At any time, either or both of the child's parents may |
| 189 | petition the court to modify or terminate the order granting |
| 190 | concurrent custody. The court shall terminate the order upon a |
| 191 | finding that the parent is available to provide care and control |
| 192 | of the child, or by consent of the parties. The court may modify |
| 193 | an order granting concurrent custody if the parties consent or |
| 194 | if modification is in the best interest of the child. |
| 195 | Section 7. Subsection (14) of section 49.011, Florida |
| 196 | Statutes, is amended to read: |
| 197 | 49.011 Service of process by publication; cases in which |
| 198 | allowed.--Service of process by publication may be made in any |
| 199 | court on any party identified in s. 49.021 in any action or |
| 200 | proceeding: |
| 201 | (14) For temporary custody or concurrent of a minor child, |
| 202 | under chapter 751 ss. 751.01-751.05. |
| 203 | Section 8. The Division of Statutory Revision of the |
| 204 | Office of Legislative Services is directed to redesignate |
| 205 | chapter 751, Florida Statutes, as "Temporary or Concurrent |
| 206 | Custody of Minor Children by Extended Family." |
| 207 | Section 9. This act shall take effect July 1, 2009. |