CS/CS/HB 25

1
A bill to be entitled
2An act relating to temporary and concurrent custody of a
3child; amending s. 61.13002, F.S.; providing that a parent
4activated, deployed, or temporarily assigned to military
5service on orders in excess of a specified period may
6designate a person or persons to exercise time-sharing
7with the child on the parent's behalf; limiting who may be
8designated; providing for limited objections by the other
9parent; providing for expedited hearings; requiring a
10servicemember and a nonmilitary parent to cooperate with
11each other to resolve issues; requiring information
12sharing; providing for agreements for persons to exercise
13time-sharing on a parent's behalf; providing for expedited
14hearings to enforce time-sharing rights; revising ch. 751,
15F.S., relating to petitions and court orders awarding the
16temporary custody of a child to an extended family member,
17to also provide for concurrent custody with the parents of
18the child; amending s. 751.01, F.S.; conforming provisions
19to changes made by the act; amending s. 751.011, F.S.;
20revising definitions; defining the term "concurrent
21custody"; amending s. 751.02, F.S.; providing requirements
22for concurrent custody; amending s. 751.03, F.S.; revising
23the petition for concurrent custody to require additional
24information; amending s. 751.04, F.S.; conforming
25provisions to changes made by the act; amending s. 751.05,
26F.S.; providing that if a parent objects to a petition for
27concurrent custody, the court may not grant the petition
28and must give the petitioner the option of converting the
29petition to one for temporary custody; providing for
30dismissal of the petition; providing that an order
31granting concurrent custody does not affect the ability of
32the parents to obtain the physical custody of the child at
33any time; providing for the court to terminate an order
34for concurrent custody if either or both parents object to
35the order; providing for filing for temporary custody if
36an order for concurrent custody has been terminated;
37providing for the court to modify an existing child
38support order; amending s. 49.011, F.S.; conforming
39provisions to changes made by the act; providing an
40effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Section 61.13002, Florida Statutes, is amended
45to read:
46     61.13002  Temporary time-sharing modification and child
47support modification due to military service.-
48     (1)  If a supplemental petition or a motion for
49modification of time-sharing and parental responsibility is
50filed because a parent is activated, deployed, or temporarily
51assigned to military service and the parent's ability to comply
52with time-sharing is materially affected as a result, the court
53may not issue an order or modify or amend a previous judgment or
54order that changes time-sharing as it existed on the date the
55parent was activated, deployed, or temporarily assigned to
56military service, except that a court may enter a temporary
57order to modify or amend time-sharing if there is clear and
58convincing evidence that the temporary modification or amendment
59is in the best interests of the child. When entering a temporary
60order under this section, the court shall consider and provide
61for, if feasible, contact between the military servicemember and
62his or her child, including, but not limited to, electronic
63communication by webcam, telephone, or other available means.
64The court shall also permit liberal time-sharing during periods
65of leave from military service, as it is in the child's best
66interests to maintain the parent-child bond during the parent's
67military service.
68     (2)  If a parent is activated, deployed, or temporarily
69assigned to military service on orders in excess of 90 days and
70the parent's ability to comply with time-sharing is materially
71affected as a result, the parent may designate a person or
72persons to exercise time-sharing with the child on the parent's
73behalf. The designation shall be limited to a family member, a
74stepparent, or a relative of the child by marriage. The
75designation shall be made in writing and provided to the other
76parent at least 10 working days before the court-ordered period
77of time-sharing commences. The other parent may only object to
78the appointment of the designee on the basis that the designee's
79time-sharing visitation is not in the best interests of the
80child. When unable to reach agreement on the delegation, either
81parent may request an expedited court hearing for a
82determination on the designation.
83     (3)  The servicemember and the nonmilitary parent shall
84cooperate with each other in an effort to reach a mutually
85agreeable resolution of custody, visitation, delegation of
86visitation, and child support. Each party shall provide
87information to the other party in an effort to facilitate
88agreement on custody, visitation, delegation of visitation, and
89child support. Agreements on designation of persons to exercise
90time-sharing with the child on the parent's behalf may also be
91made at the time of dissolution of marriage or other child
92custody proceedings.
93     (4)(2)  If a temporary order is issued under this section,
94the court shall reinstate the time-sharing order previously in
95effect upon the servicemember parent's return from active
96military service, deployment, or temporary assignment.
97     (5)  Upon motion of either parent for enforcement of rights
98under this section, the court shall, for good cause shown, hold
99an expedited hearing in custody and visitation matters
100instituted under this section, and shall permit the
101servicemember to testify by telephone, video teleconference,
102webcam, affidavit, or other means where the military duties of
103the servicemember parent have a material effect on the parent's
104ability, or anticipated ability, to appear in person at a
105regularly scheduled hearing.
106     (6)(3)  If a temporary order is entered under this section,
107the court may address the issue of support for the child by:
108     (a)  Entering an order of temporary support from the
109servicemember to the other parent under s. 61.30;
110     (b)  Requiring the servicemember to enroll the child as a
111military dependent with DEERs, TriCare, or other similar
112benefits available to military dependents as provided by the
113service member's branch of service and federal regulations; or
114     (c)  Suspending, abating, or reducing the child support
115obligation of the nonservice member until the custody judgment
116or time-share order previously in effect is reinstated.
117     (7)(4)  This section does not apply to permanent change of
118station moves by military personnel, which shall be governed by
119s. 61.13001.
120     Section 2.  Section 751.01, Florida Statutes, is amended to
121read:
122     751.01  Purpose of act.-The purposes of this chapter ss.
123751.01-751.05 are to:
124     (1)  Recognize that many minor children in this state live
125with and are well cared for by members of their extended
126families. The parents of these children have often provided for
127their care by placing them temporarily with another family
128member who is better able to care for them. Because of the care
129being provided the children by their extended families, they are
130not dependent children.
131     (2)  Provide for the welfare of a minor child who is living
132with extended family members. At present, such family members
133are unable to give complete care to the child in their custody
134because they lack a legal document that explains and defines
135their relationship to the child, and they are unable effectively
136to consent to the care of the child by third parties.
137     (3)  Provide temporary or concurrent custody of a minor
138child to a family member having physical custody of the minor
139child to enable the custodian to:
140     (a)  Consent to all necessary and reasonable medical and
141dental care for the child, including nonemergency surgery and
142psychiatric care.;
143     (b)  Secure copies of the child's records, held by third
144parties, that are necessary for to the care of the child,
145including, but not limited to:
146     1.  Medical, dental, and psychiatric records.;
147     2.  Birth certificates and other records.; and
148     3.  Educational records.;
149     (c)  Enroll the child in school and grant or withhold
150consent for a child to be tested or placed in special school
151programs, including exceptional education.; and
152     (d)  Do all other things necessary for the care of the
153child.
154     Section 3.  Section 751.011, Florida Statutes, is amended
155to read:
156     751.011  Definitions.-As used in this chapter ss. 751.01-
157751.05, the term:
158     (1)  "Concurrent custody" means that an eligible extended
159family member is awarded custodial rights to care for a child
160concurrently with the child's parent or parents.
161     (2)  "Extended family member" means a is any person who is:
162     (a)(1)  A relative of a minor child within the third degree
163by blood or marriage to the parent; or
164     (b)(2)  The stepparent of a minor child if the stepparent
165is currently married to the parent of the child and is not a
166party in a pending dissolution, separate maintenance, domestic
167violence, or other civil or criminal proceeding in any court of
168competent jurisdiction involving one or both of the child's
169parents as an adverse party.
170     Section 4.  Section 751.02, Florida Statutes, is amended to
171read:
172     751.02  Determination of Temporary or concurrent custody
173proceedings; jurisdiction.-
174     (1)  The following individuals may bring proceedings in the
175circuit court to determine the temporary or concurrent custody
176of a minor child:
177     (a)(1)  Any extended family member who has the signed,
178notarized consent of the child's legal parents; or
179     (b)(2)  Any extended family member who is caring full time
180for the child in the role of a substitute parent and with whom
181the child is presently living.
182     (2)  In addition to the requirements of subsection (1), an
183individual seeking concurrent custody must:
184     (a)  Currently have physical custody of the child and have
185had physical custody of the child for at least 10 days in any
18630-day period within the last 12 months; and
187     (b)  Not have signed, written documentation from a parent
188which is sufficient to enable the custodian to do all of the
189things necessary to care for the child which are available to
190custodians who have an order issued under s. 751.05.
191     Section 5.  Section 751.03, Florida Statutes, is amended to
192read:
193     751.03  Petition for temporary or concurrent custody;
194contents.-Each petition for temporary or concurrent custody of a
195minor child must be verified by the petitioner, who must be an
196extended family member, and must contain statements, to the best
197of the petitioner's knowledge and belief, providing showing:
198     (1)  The name, date of birth, and current address of the
199child.;
200     (2)  The names and current addresses of the child's
201parents.;
202     (3)  The names and current addresses of the persons with
203whom the child has lived during the past 5 years.;
204     (4)  The places where the child has lived during the past 5
205years.;
206     (5)  Information concerning any custody proceeding in this
207or any other state with respect to the child.;
208     (6)  The residence and post office address of the
209petitioner.;
210     (7)  The petitioner's relationship to the child.;
211     (8)  If concurrent custody is being requested:
212     (a)  The time periods during the last 12 months that the
213child resided with the petitioner;
214     (b)  The type of document, if any, provided by the parent
215or parents to enable the petitioner to act on behalf of the
216child;
217     (c)  The services or actions that the petitioner is unable
218to obtain or undertake without an order of custody; and
219     (d)  Whether each parent has consented in writing to the
220entry of an order of concurrent custody.
221
222A copy of the written consent and any documents provided by the
223parent to assist the petitioner in obtaining services must be
224attached to the petition.
225     (9)(8)  If temporary custody is being requested, the
226consent of the child's parents, or the specific acts or
227omissions of the parents which demonstrate that the parents have
228abused, abandoned, or neglected the child as defined in chapter
22939.;
230     (10)(9)  Any temporary or permanent orders for child
231support, the court entering the order, and the case number.;
232     (11)(10)  Any temporary or permanent order for protection
233entered on behalf of or against either parent, the petitioner,
234or the child; the court entering the order; and the case
235number.;
236     (12)(11)  That it is in the best interest of the child for
237the petitioner to have custody of the child.; and
238     (13)(12)  A statement of the period of time the petitioner
239is requesting temporary custody, including a statement of the
240reasons supporting that request.
241
242Only an extended family member may file a petition under this
243chapter.
244     Section 6.  Section 751.04, Florida Statutes, is amended to
245read:
246     751.04  Notice and opportunity to be heard.-Before a decree
247is made under this chapter ss. 751.01-751.05, reasonable notice
248and opportunity to be heard must be given to the parents of the
249minor child by service of process, either personal or
250constructive.
251     Section 7.  Section 751.05, Florida Statutes, is amended to
252read:
253     751.05  Order granting temporary or concurrent custody.-
254     (1)  At the hearing on the petition for temporary or
255concurrent custody, the court must hear the evidence concerning
256a minor child's need for care by the petitioner, all other
257matters required to be set forth in the petition, and the
258objections or other testimony of the child's parents, if
259present.
260     (2)  Unless the minor child's parents object, the court
261shall award the temporary or concurrent custody of the child to
262the petitioner if when it is in the best interest of the child
263to do so.
264     (3)  If one of the minor child's parents objects to:
265     (a)  The petition for concurrent custody, in writing, the
266court may not grant the petition even if the other parent
267consents, in writing, to the entry of the order. The court shall
268give the petitioner the option of converting the petition to a
269petition for temporary custody. If the petitioner so elects, the
270court shall set the matter for further hearing, provide notice
271to the parent or parents, and proceed pursuant to paragraph (b).
272If the petition is not converted into a petition for temporary
273custody, it shall be dismissed without prejudice.
274     (b)  The petition for temporary custody granting of
275temporary custody to the petitioner, the court shall grant the
276petition only upon a finding, by clear and convincing evidence,
277that the child's parent or parents are unfit to provide for the
278care and control of the child. In determining that a parent is
279unfit, the court must find that the parent has abused,
280abandoned, or neglected the child, as defined in chapter 39.
281     (4)  The order granting:
282     (a)  Concurrent custody of the minor child may not
283eliminate or diminish the custodial rights of the child's parent
284or parents. The order must expressly state that the grant of
285custody does not affect the ability of the child's parent or
286parents to obtain physical custody of the child at any time.
287     (b)  Temporary custody of the minor child to the petitioner
288may also grant visitation rights to the child's parent or
289parents, if it is in the best interest of the child to do so.
290     (5)(a)  The order granting temporary or concurrent custody
291of the minor child to the petitioner:
292     (a)  May not include an order for the support of the child
293unless the parent has received personal or substituted service
294of process, the petition requests an order for the support of
295the child, and there is evidence of the parent's ability to pay
296the support ordered.
297     (b)  The order granting temporary custody May redirect all
298or part of an existing child support obligation to be paid to
299the extended family member who is granted temporary or
300concurrent custody of the child. If the court redirects an
301existing child support obligation, the order granting temporary
302or concurrent custody must include, if possible, the
303determination of arrearages owed to the obligee and the person
304awarded temporary or concurrent custody and must order payment
305of the arrearages. The clerk of the circuit court in which the
306temporary custody order is entered shall transmit a certified
307copy thereof to the court originally entering the child support
308order. The temporary or concurrent custody order shall be
309recorded and filed in the original action in which child support
310was determined and become a part thereof. A copy of the
311temporary or concurrent custody order shall also be filed with
312the depository that serves as the official recordkeeper for
313support payments due under the support order. The depository
314must shall maintain separate accounts and separate account
315numbers for individual obligees.
316     (6)  At any time, either or both of the child's parents may
317petition the court to modify or terminate the order granting
318temporary custody. The court shall terminate the order upon a
319finding that the parent is a fit parent, or by consent of the
320parties. The court may modify an order granting temporary
321custody if the parties consent or if modification is in the best
322interest of the child.
323     (7)  At any time, the petitioner or either or both of the
324child's parents may move the court to terminate the order
325granting concurrent custody. The court shall terminate the order
326upon a finding that either or both of the child's parents object
327to the order. The fact that an order for concurrent custody has
328been terminated does not preclude any person who is otherwise
329eligible to petition for temporary custody from filing such
330petition.
331     (8)  At any time, the petitioner or either or both of the
332child's parents may move the court to modify the existing child
333support order pursuant to chapter 61. The court may modify an
334existing order granting child support if the parties consent and
335if modification is in the best interest of the child. Any order
336modifying child support in a concurrent custody proceeding shall
337be copied and placed in the related family court files.
338     Section 8.  Subsection (14) of section 49.011, Florida
339Statutes, is amended to read:
340     49.011  Service of process by publication; cases in which
341allowed.-Service of process by publication may be made in any
342court on any party identified in s. 49.021 in any action or
343proceeding:
344     (14)  For temporary custody of a minor child, under chapter
345751 ss. 751.01-751.05.
346     Section 9.  This act shall take effect July 1, 2010.


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