| 1 | A bill to be entitled |
| 2 | An act relating to temporary and concurrent custody of a |
| 3 | child; revising ch. 751, F.S., relating to petitions and |
| 4 | court orders awarding the temporary custody of a child to |
| 5 | an extended family member, to also provide for concurrent |
| 6 | custody with the parents of the child; amending ss. 751.01 |
| 7 | and 751.02, F.S.; conforming provisions to changes made by |
| 8 | the act; amending s. 751.011, F.S.; revising definitions; |
| 9 | defining the term "concurrent custody"; amending s. |
| 10 | 751.03, F.S.; revising the petition for concurrent custody |
| 11 | to also include a description of efforts made to obtain |
| 12 | consent; amending s. 751.05, F.S.; providing that if a |
| 13 | parent objects to a petition for concurrent custody, the |
| 14 | court shall give the petitioner the option of converting |
| 15 | the petition to one for temporary custody; providing for |
| 16 | dismissal of the petition; providing that an order |
| 17 | granting concurrent custody does not affect the ability of |
| 18 | the parents to obtain the physical custody of the child at |
| 19 | any time; providing for the court to terminate an order |
| 20 | for concurrent custody if a parent withdraws his or her |
| 21 | consent to the order; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Subsection (3) of section 751.01, Florida |
| 26 | Statutes, is amended to read: |
| 27 | 751.01 Purpose of act.--The purposes of ss. 751.01-751.05 |
| 28 | are to: |
| 29 | (3) Provide temporary or concurrent custody of a minor |
| 30 | child to a family member having physical custody of the minor |
| 31 | child to enable the custodian to: |
| 32 | (a) Consent to all necessary and reasonable medical and |
| 33 | dental care for the child, including nonemergency surgery and |
| 34 | psychiatric care.; |
| 35 | (b) Secure copies of the child's records, held by third |
| 36 | parties, that are necessary for to the care of the child, |
| 37 | including, but not limited to: |
| 38 | 1. Medical, dental, and psychiatric records.; |
| 39 | 2. Birth certificates and other records.; and |
| 40 | 3. Educational records.; |
| 41 | (c) Enroll the child in school and grant or withhold |
| 42 | consent for a child to be tested or placed in special school |
| 43 | programs, including exceptional education.; and |
| 44 | (d) Do all other things necessary for the care of the |
| 45 | child. |
| 46 | Section 2. Section 751.011, Florida Statutes, is amended |
| 47 | to read: |
| 48 | 751.011 Definitions.--As used in this chapter ss. 751.01- |
| 49 | 751.05, the term: |
| 50 | (1) "Concurrent custody" means that a person who is |
| 51 | eligible to obtain temporary custody of a minor child under this |
| 52 | chapter obtains custodial rights to care for the child |
| 53 | concurrently with the child's parent or parents. A finding of |
| 54 | abuse, abandonment, or neglect is not necessary for granting |
| 55 | concurrent custody. An order granting concurrent custody does |
| 56 | not eliminate or diminish the custodial rights of the child's |
| 57 | parent or parents. |
| 58 | (2) "Extended family member" means a is any person who is: |
| 59 | (a)(1) A relative of a minor child within the third degree |
| 60 | by blood or marriage to the parent; or |
| 61 | (b)(2) The stepparent of a minor child if the stepparent |
| 62 | is currently married to the parent of the child and is not a |
| 63 | party in a pending dissolution, separate maintenance, domestic |
| 64 | violence, or other civil or criminal proceeding in any court of |
| 65 | competent jurisdiction involving one or both of the child's |
| 66 | parents as an adverse party. |
| 67 | Section 3. Section 751.02, Florida Statutes, is amended to |
| 68 | read: |
| 69 | 751.02 Determination of Temporary or concurrent custody |
| 70 | proceedings; jurisdiction.--The following individuals may bring |
| 71 | proceedings in the circuit court to determine the temporary or |
| 72 | concurrent custody of a minor child: |
| 73 | (1) Any extended family member who has the signed, |
| 74 | notarized consent of the child's legal parents; or |
| 75 | (2) Any extended family member who is caring full time for |
| 76 | the child in the role of a substitute parent and with whom the |
| 77 | child is presently living. |
| 78 | Section 4. Section 751.03, Florida Statutes, is amended to |
| 79 | read: |
| 80 | 751.03 Petition for temporary or concurrent custody; |
| 81 | contents.--Each petition for temporary or concurrent custody of |
| 82 | a minor child must be verified by the petitioner, who must be an |
| 83 | extended family member, and must contain statements, to the best |
| 84 | of petitioner's knowledge and belief, providing showing: |
| 85 | (1) The name, date of birth, and current address of the |
| 86 | child.; |
| 87 | (2) The names and current addresses of the child's |
| 88 | parents.; |
| 89 | (3) The names and current addresses of the persons with |
| 90 | whom the child has lived during the past 5 years.; |
| 91 | (4) The places where the child has lived during the past 5 |
| 92 | years.; |
| 93 | (5) Information concerning any custody proceeding in this |
| 94 | or any other state with respect to the child.; |
| 95 | (6) The residence and post office address of the |
| 96 | petitioner.; |
| 97 | (7) The petitioner's relationship to the child.; |
| 98 | (8) If concurrent custody is being requested, the consent |
| 99 | of the child's parents, or a description of the efforts made by |
| 100 | the petitioner to obtain consent and the results of those |
| 101 | efforts. |
| 102 | (9)(8) If temporary custody is being requested, the |
| 103 | consent of the child's parents, or the specific acts or |
| 104 | omissions of the parents which demonstrate that the parents have |
| 105 | abused, abandoned, or neglected the child as defined in chapter |
| 106 | 39.; |
| 107 | (10)(9) Any temporary or permanent orders for child |
| 108 | support, the court entering the order, and the case number.; |
| 109 | (11)(10) Any temporary or permanent order for protection |
| 110 | entered on behalf of or against either parent, the petitioner, |
| 111 | or the child; the court entering the order; and the case |
| 112 | number.; |
| 113 | (12)(11) That it is in the best interest of the child for |
| 114 | the petitioner to have custody of the child.; and |
| 115 | (13)(12) A statement of the period of time the petitioner |
| 116 | is requesting temporary custody, including a statement of the |
| 117 | reasons supporting that request. |
| 118 |
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| 119 | Only an extended family member may file a petition under this |
| 120 | chapter. |
| 121 | Section 5. Section 751.05, Florida Statutes, is amended to |
| 122 | read: |
| 123 | 751.05 Order granting temporary or concurrent custody.-- |
| 124 | (1) At the hearing on the petition for temporary or |
| 125 | concurrent custody, the court must hear the evidence concerning |
| 126 | a minor child's need for care by the petitioner, all other |
| 127 | matters required to be set forth in the petition, and the |
| 128 | objections or other testimony of the child's parents, if |
| 129 | present. |
| 130 | (2) Unless the minor child's parents object, the court |
| 131 | shall award the temporary or concurrent custody of the child to |
| 132 | the petitioner if when it is in the best interest of the child |
| 133 | to do so. |
| 134 | (3) If one of the minor child's parents objects to: |
| 135 | (a) The petition for concurrent custody, the court shall |
| 136 | give the petitioner the option of converting the petition to a |
| 137 | petition for temporary custody. If the petitioner so elects, the |
| 138 | court shall set the matter for further hearing and proceed |
| 139 | pursuant to paragraph (b). If the petition is not converted into |
| 140 | a petition for temporary custody, it shall be dismissed without |
| 141 | prejudice. |
| 142 | (b) The petition for temporary custody granting of |
| 143 | temporary custody to the petitioner, the court shall grant the |
| 144 | petition only upon a finding, by clear and convincing evidence, |
| 145 | that the child's parent or parents are unfit to provide for the |
| 146 | care and control of the child. In determining that a parent is |
| 147 | unfit, the court must find that the parent has abused, |
| 148 | abandoned, or neglected the child, as defined in chapter 39. |
| 149 | (4) The order granting: |
| 150 | (a) Concurrent custody of the minor child to the |
| 151 | petitioner does not affect the ability of the child's parent or |
| 152 | parents to obtain physical custody of the child at any time. |
| 153 | (b) Temporary custody of the minor child to the petitioner |
| 154 | may also grant visitation rights to the child's parent or |
| 155 | parents, if it is in the best interest of the child to do so. |
| 156 | (5)(a) The order granting temporary or concurrent custody |
| 157 | of the minor child to the petitioner: |
| 158 | (a) May not include an order for the support of the child |
| 159 | unless the parent has received personal or substituted service |
| 160 | of process, the petition requests an order for the support of |
| 161 | the child, and there is evidence of the parent's ability to pay |
| 162 | the support ordered. |
| 163 | (b) The order granting temporary 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 temporary or |
| 166 | concurrent custody of the child. If the court redirects an |
| 167 | existing child support obligation, the order granting temporary |
| 168 | or concurrent custody must include, if possible, the |
| 169 | determination of arrearages owed to the obligee and the person |
| 170 | awarded temporary or concurrent custody and must order payment |
| 171 | of the arrearages. The clerk of the circuit court in which the |
| 172 | temporary custody order is entered shall transmit a certified |
| 173 | copy thereof to the court originally entering the child support |
| 174 | order. The temporary or concurrent custody order shall be |
| 175 | recorded and filed in the original action in which child support |
| 176 | was determined and become a part thereof. A copy of the |
| 177 | temporary or concurrent custody order shall also be filed with |
| 178 | the depository that serves as the official recordkeeper for |
| 179 | support payments due under the support order. The depository |
| 180 | must shall maintain separate accounts and separate account |
| 181 | numbers for individual obligees. |
| 182 | (6) At any time, either or both of the child's parents may |
| 183 | petition the court to modify or terminate the order granting |
| 184 | temporary custody. The court shall terminate the order upon a |
| 185 | finding that the parent is a fit parent, or by consent of the |
| 186 | parties. The court may modify an order granting temporary |
| 187 | custody if the parties consent or if modification is in the best |
| 188 | interest of the child. |
| 189 | (7) At any time, either or both of the child's parents may |
| 190 | petition the court to modify or terminate the order granting |
| 191 | concurrent custody. The court shall terminate the order upon a |
| 192 | finding that either or both of the child's parents withdraw |
| 193 | consent to the order. The court may modify an order granting |
| 194 | concurrent custody if the parties consent and if modification is |
| 195 | in the best interest of the child. |
| 196 | Section 6. This act shall take effect July 1, 2009. |