| 1 | The Civil Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to temporary custody of a child by an |
| 7 | extended family member or putative father; amending s. |
| 8 | 751.011, F.S.; defining the term "extended family member"; |
| 9 | amending s. 751.02, F.S.; authorizing an extended family |
| 10 | member to bring a proceeding in court to determine the |
| 11 | temporary custody of a child; amending s. 751.03, F.S.; |
| 12 | specifying the information that must be included in a |
| 13 | petition for temporary custody by an extended family |
| 14 | member or putative father; providing that only an extended |
| 15 | family member or putative father may file a petition for |
| 16 | temporary custody under ch. 751, F.S.; amending s. 751.05, |
| 17 | F.S.; providing that either or both of the child's parents |
| 18 | may petition the court to modify the order granting |
| 19 | temporary custody under certain circumstances; providing |
| 20 | an effective date. |
| 21 |
|
| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
|
| 24 | Section 1. Subsection (1) of section 751.011, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 751.011 Definitions.--As used in ss. 751.01-751.05, the |
| 27 | term: |
| 28 | (1) "Extended family member" is any person who is a |
| 29 | relative: |
| 30 | (a) Within the third degree by blood or marriage to the |
| 31 | parent or stepparent of a child and who is caring full time for |
| 32 | that child in the role of substitute parent; or |
| 33 | (b) Within the third degree by blood or marriage to the |
| 34 | parent or stepparent of a child and who is caring full time for |
| 35 | that child and a half-brother or half-sister of that child in |
| 36 | the role of substitute parent family composed of the minor child |
| 37 | and a relative of the child who is the child's brother, sister, |
| 38 | grandparent, aunt, uncle, or cousin. |
| 39 | Section 2. Section 751.02, Florida Statutes, is amended to |
| 40 | read: |
| 41 | 751.02 Determination of temporary custody proceedings; |
| 42 | jurisdiction.--Any extended family member relative of a minor |
| 43 | child who has the signed, notarized consent of the child's legal |
| 44 | parents, or any extended family member relative of the child, |
| 45 | including a putative father, with whom the child is presently |
| 46 | living, may bring proceedings in the circuit court to determine |
| 47 | the temporary custody of the child. A putative father may bring |
| 48 | a proceeding for temporary custody only when he is unable to |
| 49 | perfect personal service of process upon the mother of the |
| 50 | child. When the putative father is able to perfect personal |
| 51 | service of process upon the mother of the child, he must |
| 52 | petition for custody and other relief, including the |
| 53 | establishment of his paternity of the child, under chapter 742. |
| 54 | Section 3. Section 751.03, Florida Statutes, is amended to |
| 55 | read: |
| 56 | 751.03 Petition for temporary custody; contents.--Each |
| 57 | Every petition for temporary custody of a minor child must be |
| 58 | verified by the petitioner and must contain statements, to the |
| 59 | best of petitioner's knowledge and belief, showing: |
| 60 | (1) The name, date of birth, and current address of the |
| 61 | child; |
| 62 | (2) The names and current addresses of the child's |
| 63 | parents; |
| 64 | (3) The names and current addresses of the persons with |
| 65 | whom the child has lived during the past 5 years; |
| 66 | (4) The places where the child has lived during the past 5 |
| 67 | years; |
| 68 | (5) Information concerning any custody proceeding in this |
| 69 | or any other state with respect to the child; |
| 70 | (6) The residence and post office address of the |
| 71 | petitioner; |
| 72 | (7) The petitioner's relationship to the child, including |
| 73 | the circumstances leading the petitioner to believe he is the |
| 74 | natural father of the child when the petitioner is the putative |
| 75 | father; and |
| 76 | (8) The consent of the child's parents, or the |
| 77 | circumstances of the child's current living situation with the |
| 78 | petitioner, including all information concerning the fitness of |
| 79 | the parents to raise the child and information concerning |
| 80 | whether either parent has abused, abandoned, or neglected the |
| 81 | child;. |
| 82 | (9) Any temporary or permanent child support, attorney's |
| 83 | fees, costs, and disbursements; |
| 84 | (10) Whether an order of protection governing the parties |
| 85 | or a party and a minor child of the parties or party is in |
| 86 | effect and, if so, the court or similar jurisdiction in which |
| 87 | the order was entered; |
| 88 | (11) That it is in the best interest of the child for the |
| 89 | petitioner to have custody of the child; and |
| 90 | (12)(9) A statement of the period of time the petitioner |
| 91 | is requesting temporary custody, including a statement of the |
| 92 | reasons supporting that request. |
| 93 |
|
| 94 | Only an extended family member or putative father may file a |
| 95 | petition under this chapter. |
| 96 | Section 4. Subsection (7) of section 751.05, Florida |
| 97 | Statutes, is amended to read: |
| 98 | 751.05 Order granting temporary custody.-- |
| 99 | (7) At any time, either or both of the child's parents may |
| 100 | petition the court to modify or terminate the order granting |
| 101 | temporary custody upon a finding that the parent requesting the |
| 102 | termination of the order is a fit parent, or by consent of the |
| 103 | parties. |
| 104 | Section 5. This act shall take effect on July 1, 2005. |