Senate Bill sb0510c1

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    Florida Senate - 2005                            CS for SB 510

    By the Committee on Judiciary; and Senators Fasano and Posey





    590-1643-05

  1                      A bill to be entitled

  2         An act relating to temporary custody of a child

  3         by an extended family member or putative

  4         father; amending s. 751.011, F.S.; defining the

  5         term "extended family member"; amending s.

  6         751.02, F.S.; authorizing an extended family

  7         member to bring a proceeding in court to

  8         determine the temporary custody of a child;

  9         amending s. 751.03, F.S.; specifying the

10         information that must be included in a petition

11         for temporary custody by an extended family

12         member or putative father; providing that only

13         an extended family member or putative father

14         may file a petition for temporary custody under

15         ch. 751, F.S.; amending s. 751.05, F.S.;

16         providing that either or both of the child's

17         parents may petition the court to modify the

18         order granting temporary custody under certain

19         circumstances; providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Subsection (1) of section 751.011, Florida

24  Statutes, is amended to read:

25         751.011  Definitions.--As used in ss. 751.01-751.05,

26  the term:

27         (1)  "Extended family member" is any person who is a

28  relative:

29         (a)  Within the third degree by blood or marriage to

30  the parent or stepparent of a child and who is caring

31  full-time for that child in the role of substitute parent; or

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    Florida Senate - 2005                            CS for SB 510
    590-1643-05




 1         (b)  Within the third degree by blood or marriage to

 2  the parent or stepparent of a child and who is caring

 3  full-time for that child and a half-brother or half-sister of

 4  that child, in the role of substitute parent family composed

 5  of the minor child and a relative of the child who is the

 6  child's brother, sister, grandparent, aunt, uncle, or cousin.

 7         Section 2.  Section 751.02, Florida Statutes, is

 8  amended to read:

 9         751.02  Determination of temporary custody proceedings;

10  jurisdiction.--Any extended family member relative of a minor

11  child who has the signed, notarized consent of the child's

12  legal parents, or any extended family member relative of the

13  child, including a putative father, with whom the child is

14  presently living, may bring proceedings in the circuit court

15  to determine the temporary custody of the child.  A putative

16  father may bring a proceeding for temporary custody only when

17  he is unable to perfect personal service of process upon the

18  mother of the child.  When the putative father is able to

19  perfect personal service of process upon the mother of the

20  child, he must petition for custody and other relief,

21  including the establishment of his paternity of the child,

22  under chapter 742.

23         Section 3.  Section 751.03, Florida Statutes, is

24  amended to read:

25         751.03  Petition for temporary custody; contents.--Each

26  Every petition for temporary custody of a minor child must be

27  verified by the petitioner and must contain statements, to the

28  best of petitioner's knowledge and belief, showing:

29         (1)  The name, date of birth, and current address of

30  the child;

31  

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    Florida Senate - 2005                            CS for SB 510
    590-1643-05




 1         (2)  The names and current addresses of the child's

 2  parents;

 3         (3)  The names and current addresses of the persons

 4  with whom the child has lived during the past 5 years;

 5         (4)  The places where the child has lived during the

 6  past 5 years;

 7         (5)  Information concerning any custody proceeding in

 8  this or any other state with respect to the child;

 9         (6)  The residence and post office address of the

10  petitioner;

11         (7)  The petitioner's relationship to the child,

12  including the circumstances leading the petitioner to believe

13  he is the natural father of the child when the petitioner is

14  the putative father; and

15         (8)  The consent of the child's parents, or the

16  circumstances of the child's current living situation with the

17  petitioner, including all information concerning the fitness

18  of the parents to raise the child, including information

19  concerning whether either parent has abused, abandoned, or

20  neglected the child;.

21         (9)  Any temporary or permanent child support,

22  attorney's fees, costs, and disbursements;

23         (10)  Whether an order of protection governing the

24  parties or a party and a minor child of the parties or party

25  is in effect and, if so, the court or similar jurisdiction in

26  which the order was entered;

27         (11)  That it is in the best interests of the child for

28  the petitioner to have custody of the child; and

29         (12)(9)  A statement of the period of time the

30  petitioner is requesting temporary custody, including a

31  statement of the reasons supporting that request.

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    Florida Senate - 2005                            CS for SB 510
    590-1643-05




 1  

 2  Only an extended family member or putative father may file a

 3  petition under this chapter.

 4         Section 4.  Subsection (7) of section 751.05, Florida

 5  Statutes, is amended to read:

 6         751.05  Order granting temporary custody.--

 7         (7)  At any time, either or both of the child's parents

 8  may petition the court to modify or terminate the order

 9  granting temporary custody upon a finding that the parent

10  requesting the termination of the order is a fit parent, or by

11  consent of the parties.

12         Section 5.  This act shall take effect July 1, 2005.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 510

16                                 

17  This Committee Substitute makes the following changes:

18  -    Identifies additional family members who are authorized
         to petition for temporary custody of a child, rather than
19       extending temporary custody authority to non-family
         members;
20  
    -    Provides that an extended family member caring full-time
21       for a child or a child and half-sibling, as a substitute
         parent, within the third degree by blood or marriage to
22       the parent or stepparent of a child, is authorized to
         file a temporary custody petition;
23  
    -    Adds an additional criteria to current petition
24       requirements to include information about the fitness of
         the parents; and
25  
    -    Specifies that only an extended family member or a
26       putative father can file a petition for temporary
         custody.
27  

28  

29  

30  

31  

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