CS/HB 25

1
A bill to be entitled
2An act relating to temporary and concurrent custody of a
3child; revising ch. 751, F.S., relating to petitions and
4court orders awarding the temporary custody of a child to
5an extended family member, to also provide for concurrent
6custody with the parents of the child; amending s. 751.01,
7F.S.; conforming provisions to changes made by the act;
8amending s. 751.011, F.S.; revising definitions; defining
9the term "concurrent custody"; amending s. 751.02, F.S.;
10providing requirements for concurrent custody; amending s.
11751.03, F.S.; revising the petition for concurrent custody
12to require additional information; amending s. 751.04,
13F.S.; conforming provisions to changes made by the act;
14amending s. 751.05, F.S.; providing that if a parent
15objects to a petition for concurrent custody, the court
16may not grant the petition and must give the petitioner
17the option of converting the petition to one for temporary
18custody; providing for dismissal of the petition;
19providing that an order granting concurrent custody does
20not affect the ability of the parents to obtain the
21physical custody of the child at any time; providing for
22the court to terminate an order for concurrent custody if
23either or both parents object to the order; providing for
24filing for temporary custody if an order for concurrent
25custody has been terminated; providing for the court to
26modify an existing child support order; amending s.
2749.011, F.S.; conforming provisions to changes made by the
28act; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 751.01, Florida Statutes, is amended to
33read:
34     751.01  Purpose of act.-The purposes of this chapter ss.
35751.01-751.05 are to:
36     (1)  Recognize that many minor children in this state live
37with and are well cared for by members of their extended
38families. The parents of these children have often provided for
39their care by placing them temporarily with another family
40member who is better able to care for them. Because of the care
41being provided the children by their extended families, they are
42not dependent children.
43     (2)  Provide for the welfare of a minor child who is living
44with extended family members. At present, such family members
45are unable to give complete care to the child in their custody
46because they lack a legal document that explains and defines
47their relationship to the child, and they are unable effectively
48to consent to the care of the child by third parties.
49     (3)  Provide temporary or concurrent custody of a minor
50child to a family member having physical custody of the minor
51child to enable the custodian to:
52     (a)  Consent to all necessary and reasonable medical and
53dental care for the child, including nonemergency surgery and
54psychiatric care.;
55     (b)  Secure copies of the child's records, held by third
56parties, that are necessary for to the care of the child,
57including, but not limited to:
58     1.  Medical, dental, and psychiatric records.;
59     2.  Birth certificates and other records.; and
60     3.  Educational records.;
61     (c)  Enroll the child in school and grant or withhold
62consent for a child to be tested or placed in special school
63programs, including exceptional education.; and
64     (d)  Do all other things necessary for the care of the
65child.
66     Section 2.  Section 751.011, Florida Statutes, is amended
67to read:
68     751.011  Definitions.-As used in this chapter ss. 751.01-
69751.05, the term:
70     (1)  "Concurrent custody" means that an eligible extended
71family member is awarded custodial rights to care for a child
72concurrently with the child's parent or parents.
73     (2)  "Extended family member" means a is any person who is:
74     (a)(1)  A relative of a minor child within the third degree
75by blood or marriage to the parent; or
76     (b)(2)  The stepparent of a minor child if the stepparent
77is currently married to the parent of the child and is not a
78party in 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 or concurrent custody
85proceedings; jurisdiction.-
86     (1)  The following individuals may bring proceedings in the
87circuit court to determine the temporary or concurrent custody
88of a minor child:
89     (a)(1)  Any extended family member who has the signed,
90notarized consent of the child's legal parents; or
91     (b)(2)  Any extended family member who is caring full time
92for the child in the role of a substitute parent and with whom
93the child is presently living.
94     (2)  In addition to the requirements of subsection (1), an
95individual seeking concurrent custody must:
96     (a)  Currently have physical custody of the child and have
97had physical custody of the child for at least 10 days in any
9830-day period within the last 12 months; and
99     (b)  Not have signed, written documentation from a parent
100which is sufficient to enable the custodian to do all of the
101things necessary to care for the child which are available to
102custodians who have an order issued under s. 751.05.
103     Section 4.  Section 751.03, Florida Statutes, is amended to
104read:
105     751.03  Petition for temporary or concurrent custody;
106contents.-Each petition for temporary or concurrent custody of a
107minor child must be verified by the petitioner, who must be an
108extended family member, and must contain statements, to the best
109of the petitioner's knowledge and belief, providing showing:
110     (1)  The name, date of birth, and current address of the
111child.;
112     (2)  The names and current addresses of the child's
113parents.;
114     (3)  The names and current addresses of the persons with
115whom the child has lived during the past 5 years.;
116     (4)  The places where the child has lived during the past 5
117years.;
118     (5)  Information concerning any custody proceeding in this
119or any other state with respect to the child.;
120     (6)  The residence and post office address of the
121petitioner.;
122     (7)  The petitioner's relationship to the child.;
123     (8)  If concurrent custody is being requested:
124     (a)  The time periods during the last 12 months that the
125child resided with the petitioner;
126     (b)  The type of document, if any, provided by the parent
127or parents to enable the petitioner to act on behalf of the
128child;
129     (c)  The services or actions that the petitioner is unable
130to obtain or undertake without an order of custody; and
131     (d)  Whether each parent has consented in writing to the
132entry of an order of concurrent custody.
133
134A copy of the written consent and any documents provided by the
135parent to assist the petitioner in obtaining services must be
136attached to the petition.
137     (9)(8)  If temporary custody is being requested, the
138consent of the child's parents, or the specific acts or
139omissions of the parents which demonstrate that the parents have
140abused, abandoned, or neglected the child as defined in chapter
14139.;
142     (10)(9)  Any temporary or permanent orders for child
143support, the court entering the order, and the case number.;
144     (11)(10)  Any temporary or permanent order for protection
145entered on behalf of or against either parent, the petitioner,
146or the child; the court entering the order; and the case
147number.;
148     (12)(11)  That it is in the best interest of the child for
149the petitioner to have custody of the child.; and
150     (13)(12)  A statement of the period of time the petitioner
151is requesting temporary custody, including a statement of the
152reasons supporting that request.
153
154     Only an extended family member may file a petition under
155this chapter.
156     Section 5.  Section 751.04, Florida Statutes, is amended to
157read:
158     751.04  Notice and opportunity to be heard.-Before a decree
159is made under this chapter ss. 751.01-751.05, reasonable notice
160and opportunity to be heard must be given to the parents of the
161minor child by service of process, either personal or
162constructive.
163     Section 6.  Section 751.05, Florida Statutes, is amended to
164read:
165     751.05  Order granting temporary or concurrent custody.-
166     (1)  At the hearing on the petition for temporary or
167concurrent custody, the court must hear the evidence concerning
168a minor child's need for care by the petitioner, all other
169matters required to be set forth in the petition, and the
170objections or other testimony of the child's parents, if
171present.
172     (2)  Unless the minor child's parents object, the court
173shall award the temporary or concurrent custody of the child to
174the petitioner if when it is in the best interest of the child
175to do so.
176     (3)  If one of the minor child's parents objects to:
177     (a)  The petition for concurrent custody, in writing, the
178court may not grant the petition even if the other parent
179consents, in writing, to the entry of the order. The court shall
180give the petitioner the option of converting the petition to a
181petition for temporary custody. If the petitioner so elects, the
182court shall set the matter for further hearing, provide notice
183to the parent or parents, and proceed pursuant to paragraph (b).
184If the petition is not converted into a petition for temporary
185custody, it shall be dismissed without prejudice.
186     (b)  The petition for temporary custody granting of
187temporary custody to the petitioner, the court shall grant the
188petition only upon a finding, by clear and convincing evidence,
189that the child's parent or parents are unfit to provide for the
190care and control of the child. In determining that a parent is
191unfit, the court must find that the parent has abused,
192abandoned, or neglected the child, as defined in chapter 39.
193     (4)  The order granting:
194     (a)  Concurrent custody of the minor child may not
195eliminate or diminish the custodial rights of the child's parent
196or parents. The order must expressly state that the grant of
197custody does not affect the ability of the child's parent or
198parents to obtain physical custody of the child at any time.
199     (b)  Temporary custody of the minor child to the petitioner
200may also grant visitation rights to the child's parent or
201parents, if it is in the best interest of the child to do so.
202     (5)(a)  The order granting temporary or concurrent custody
203of the minor child to the petitioner:
204     (a)  May not include an order for the support of the child
205unless the parent has received personal or substituted service
206of process, the petition requests an order for the support of
207the child, and there is evidence of the parent's ability to pay
208the support ordered.
209     (b)  The order granting temporary custody May redirect all
210or part of an existing child support obligation to be paid to
211the extended family member who is granted temporary or
212concurrent custody of the child. If the court redirects an
213existing child support obligation, the order granting temporary
214or concurrent custody must include, if possible, the
215determination of arrearages owed to the obligee and the person
216awarded temporary or concurrent custody and must order payment
217of the arrearages. The clerk of the circuit court in which the
218temporary custody order is entered shall transmit a certified
219copy thereof to the court originally entering the child support
220order. The temporary or concurrent custody order shall be
221recorded and filed in the original action in which child support
222was determined and become a part thereof. A copy of the
223temporary or concurrent custody order shall also be filed with
224the depository that serves as the official recordkeeper for
225support payments due under the support order. The depository
226must shall maintain separate accounts and separate account
227numbers for individual obligees.
228     (6)  At any time, either or both of the child's parents may
229petition the court to modify or terminate the order granting
230temporary custody. The court shall terminate the order upon a
231finding that the parent is a fit parent, or by consent of the
232parties. The court may modify an order granting temporary
233custody if the parties consent or if modification is in the best
234interest of the child.
235     (7)  At any time, the petitioner or either or both of the
236child's parents may move the court to terminate the order
237granting concurrent custody. The court shall terminate the order
238upon a finding that either or both of the child's parents object
239to the order. The fact that an order for concurrent custody has
240been terminated does not preclude any person who is otherwise
241eligible to petition for temporary custody from filing such
242petition.
243     (8)  At any time, the petitioner or either or both of the
244child's parents may move the court to modify the existing child
245support order pursuant to chapter 61. The court may modify an
246existing order granting child support if the parties consent and
247if modification is in the best interest of the child. Any order
248modifying child support in a concurrent custody proceeding shall
249be copied and placed in the related family court files.
250     Section 7.  Subsection (14) of section 49.011, Florida
251Statutes, is amended to read:
252     49.011  Service of process by publication; cases in which
253allowed.-Service of process by publication may be made in any
254court on any party identified in s. 49.021 in any action or
255proceeding:
256     (14)  For temporary custody of a minor child, under chapter
257751 ss. 751.01-751.05.
258     Section 8.  This act shall take effect July 1, 2010.


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