ENROLLED
       2020 Legislature             CS for CS for SB 124, 1st Engrossed
       
       
       
       
       
       
                                                              2020124er
    1  
    2         An act relating to custody of minor children by
    3         extended family; amending s. 751.01, F.S.; revising
    4         the purposes of ch. 751, F.S.; amending s. 751.011,
    5         F.S.; revising the definition of the term “extended
    6         family member”; amending s. 751.02, F.S.; revising the
    7         requirements for individuals seeking concurrent
    8         custody; amending s. 751.03, F.S.; allowing any other
    9         provisions related to the best interest of the child
   10         to be considered in a petition for temporary or
   11         concurrent custody; amending s. 751.05, F.S.;
   12         authorizing courts to include provisions requested in
   13         petitions for temporary or concurrent custody which
   14         relate to the best interest of the child; authorizing
   15         the court to order on its own motion the transitioning
   16         of a child back to the custody of his or her parents
   17         in such proceedings under certain circumstances;
   18         requiring the court to consider specified factors when
   19         entering such order; authorizing courts to require
   20         parties to comply with provisions approved in the
   21         order which relate to a reasonable plan for
   22         transitioning custody before terminating the order;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (4) is added to section 751.01,
   28  Florida Statutes, to read:
   29         751.01 Purpose of act.—The purposes of this chapter are to:
   30         (4) Protect the welfare of minor children by allowing
   31  transitions of custody consistent with their best interest.
   32         Section 2. Section 751.011, Florida Statutes, is amended to
   33  read:
   34         751.011 Definitions.—As used in this chapter, the term:
   35         (1) “Concurrent custody” means that an eligible extended
   36  family member is awarded custodial rights to care for a child
   37  concurrently with the child’s parent or parents.
   38         (2) “Extended family member” means a person who is:
   39         (a) A relative of a minor child within the third degree by
   40  blood or marriage to the parent; or
   41         (b) The stepparent of a minor child if the stepparent is
   42  currently married to the parent of the child and is not a party
   43  in a pending dissolution, separate maintenance, domestic
   44  violence, or other civil or criminal proceeding in any court of
   45  competent jurisdiction involving one or both of the child’s
   46  parents as an adverse party; or
   47         (c) An individual who qualifies as “fictive kin” as defined
   48  in s. 39.01.
   49         Section 3. Subsection (2) of section 751.02, Florida
   50  Statutes, is amended to read:
   51         751.02 Temporary or concurrent custody proceedings;
   52  jurisdiction.—
   53         (2) In addition to the requirements of subsection (1), an
   54  individual seeking concurrent custody must:
   55         (a) Currently have physical custody of the child or and
   56  have had physical custody of the child for at least 10 days in
   57  any 30-day period within the last 12 months; and
   58         (b) Not have signed, written documentation from a parent
   59  which is sufficient to enable the custodian to do all of the
   60  things necessary to care for the child which are available to
   61  custodians who have an order issued under s. 751.05.
   62         Section 4. Subsection (13) of section 751.03, Florida
   63  Statutes, is amended, and subsection (14) is added to that
   64  section, to read:
   65         751.03 Petition for temporary or concurrent custody;
   66  contents.—Each petition for temporary or concurrent custody of a
   67  minor child must be verified by the petitioner, who must be an
   68  extended family member, and must contain statements, to the best
   69  of the petitioner’s knowledge and belief, providing:
   70         (13) A statement of The period of time for which the
   71  petitioner is requesting temporary custody, including a
   72  statement of the reasons supporting that request.
   73         (14) Any other provisions that are related to the best
   74  interest of the child, including, but not limited to, a
   75  reasonable plan for transitioning custody.
   76         Section 5. Subsections (4), (6), and (7) of section 751.05,
   77  Florida Statutes, are amended to read:
   78         751.05 Order granting temporary or concurrent custody.—
   79         (4) The order granting:
   80         (a) Concurrent custody of the minor child may not eliminate
   81  or diminish the custodial rights of the child’s parent or
   82  parents. The order must expressly state that the grant of
   83  custody does not affect the ability of the child’s parent or
   84  parents to obtain physical custody of the child at any time,
   85  except that the court may approve provisions requested in the
   86  petition which are related to the best interest of the child,
   87  including a reasonable transition plan that provides for a
   88  return of custody back to the child’s parent or parents.
   89         (b) Temporary custody of the minor child to the petitioner
   90  may include provisions requested in the petition which are
   91  related to the best interest of the child, including a
   92  reasonable transition plan that provides for a return of custody
   93  back to the parent or parents, and may also grant visitation
   94  rights to the child’s parent or parents, if it is in the best
   95  interest of the child.
   96         (6) At any time, either or both of the child’s parents may
   97  petition the court to modify or terminate the order granting
   98  temporary custody.
   99         (a) The court may modify an order granting temporary
  100  custody if the parties consent or if modification is in the best
  101  interest of the child.
  102         (b) The court shall terminate the order upon a finding that
  103  the parent is a fit parent, or by consent of the parties, except
  104  that the court may require the parties to comply with provisions
  105  approved in the order which are related to a reasonable plan for
  106  transitioning custody before terminating the order.
  107         (c) If the order granting temporary custody was entered
  108  after a finding that the child’s parent or parents are unfit and
  109  the child has been in the temporary custody of an extended
  110  family member for a period of time the court determines to be
  111  significant, the court may, on its own motion, establish
  112  reasonable conditions, which are in the best interests of the
  113  child, for transitioning the child back to the custody of the
  114  child’s parent or parents. In determining such reasonable
  115  conditions, the court shall consider all of the following:
  116         1. The length of time the child lived or resided with the
  117  extended family member.
  118         2. The child’s developmental stage.
  119         3. The length of time reasonably needed to complete the
  120  transition The court may modify an order granting temporary
  121  custody if the parties consent or if modification is in the best
  122  interest of the child.
  123         (7) At any time, the petitioner or either or both of the
  124  child’s parents may move the court to terminate the order
  125  granting concurrent custody.
  126         (a) The court shall terminate the order upon a finding that
  127  either or both of the child’s parents object to the order,
  128  except that the court may require the parties to comply with
  129  provisions approved in the order which are related to a
  130  reasonable plan for transitioning custody before terminating the
  131  order.
  132         (b) The fact that an order for concurrent custody has been
  133  terminated does not preclude any person who is otherwise
  134  eligible to petition for temporary custody from filing such
  135  petition.
  136         Section 6. This act shall take effect July 1, 2020.