| 1 | The Future of Florida's Families Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to temporary custody of a child by an |
| 8 | extended family member or a putative father; amending s. |
| 9 | 751.011, F.S.; defining the term "extended family member"; |
| 10 | amending s. 751.02, F.S.; authorizing an extended family |
| 11 | member to bring a proceeding in court to determine the |
| 12 | temporary custody of a child; amending s. 751.03, F.S.; |
| 13 | specifying the information that must be included in a |
| 14 | petition for temporary custody by an extended family |
| 15 | member or a putative father; providing that only an |
| 16 | extended family member or a putative father may file a |
| 17 | petition for temporary custody under ch. 751, F.S.; |
| 18 | amending s. 751.05, F.S.; authorizing a court to redirect |
| 19 | child support payments to an extended family member; |
| 20 | providing that either or both of the child's parents may |
| 21 | petition the court to modify the order granting temporary |
| 22 | custody under certain circumstances; providing an |
| 23 | effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Subsection (1) of section 751.011, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 751.011 Definitions.--As used in ss. 751.01-751.05, the |
| 30 | term: |
| 31 | (1) "Extended family member" is any person who is a |
| 32 | relative within the third degree by blood or marriage to the |
| 33 | parent or stepparent of a child family composed of the minor |
| 34 | child and a relative of the child who is the child's brother, |
| 35 | sister, grandparent, aunt, uncle, or cousin. |
| 36 | Section 2. Section 751.02, Florida Statutes, is amended to |
| 37 | read: |
| 38 | 751.02 Determination of temporary custody proceedings; |
| 39 | jurisdiction.-- |
| 40 | (1) The following individuals may bring proceedings in the |
| 41 | circuit court to determine the temporary custody of a minor |
| 42 | child: |
| 43 | (a) Any extended family member relative of a minor child |
| 44 | who has the signed, notarized consent of the child's legal |
| 45 | parents;, or |
| 46 | (b) Any extended family member or a putative father who is |
| 47 | caring full time for the child in the role of a substitute |
| 48 | parent and relative of the child, including a putative father, |
| 49 | with whom the child is presently living, may bring proceedings |
| 50 | in the circuit court to determine the temporary custody of the |
| 51 | child. |
| 52 | (2) A putative father may bring a proceeding for temporary |
| 53 | custody only when he is unable to perfect personal service of |
| 54 | process upon the mother of the child. When the putative father |
| 55 | is able to perfect personal service of process upon the mother |
| 56 | of the child, he must petition for custody and other relief, |
| 57 | including the establishment of his paternity of the child, under |
| 58 | chapter 742. |
| 59 | Section 3. Section 751.03, Florida Statutes, is amended to |
| 60 | read: |
| 61 | 751.03 Petition for temporary custody; contents.--Each |
| 62 | Every petition for temporary custody of a minor child must be |
| 63 | verified by the petitioner and must contain statements, to the |
| 64 | best of petitioner's knowledge and belief, showing: |
| 65 | (1) The name, date of birth, and current address of the |
| 66 | child; |
| 67 | (2) The names and current addresses of the child's |
| 68 | parents; |
| 69 | (3) The names and current addresses of the persons with |
| 70 | whom the child has lived during the past 5 years; |
| 71 | (4) The places where the child has lived during the past 5 |
| 72 | years; |
| 73 | (5) Information concerning any custody proceeding in this |
| 74 | or any other state with respect to the child; |
| 75 | (6) The residence and post office address of the |
| 76 | petitioner; |
| 77 | (7) The petitioner's relationship to the child, including |
| 78 | the circumstances leading the petitioner to believe he is the |
| 79 | natural father of the child when the petitioner is the putative |
| 80 | father; and |
| 81 | (8) The consent of the child's parents, or the |
| 82 | circumstances of the child's current living situation with the |
| 83 | petitioner, including information concerning the fitness of the |
| 84 | parents to raise the child and whether either parent has abused, |
| 85 | abandoned, or neglected the child;. |
| 86 | (9) Any temporary or permanent child support obligations |
| 87 | for the benefit of the child; |
| 88 | (10) Whether an order of protection governing the parties |
| 89 | or a party and a minor child of the parties or party is in |
| 90 | effect and, if so, the court in which the order was entered; |
| 91 | (11) That it is in the best interest of the child for the |
| 92 | petitioner to have custody of the child; and |
| 93 | (12)(9) A statement of the period of time the petitioner |
| 94 | is requesting temporary custody, including a statement of the |
| 95 | reasons supporting that request. |
| 96 |
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| 97 | Only an extended family member or a putative father may file a |
| 98 | petition under this chapter. |
| 99 | Section 4. Subsections (5) and (7) of section 751.05, |
| 100 | Florida Statutes, are amended to read: |
| 101 | 751.05 Order granting temporary custody.-- |
| 102 | (5)(a) The order granting temporary custody of the minor |
| 103 | child to the petitioner may not include an order for the support |
| 104 | of the child unless the parent has received personal or |
| 105 | substituted service of process, the petition requests an order |
| 106 | for the support of the child, and there is evidence of the |
| 107 | parent's ability to pay the support ordered. |
| 108 | (b) The order granting temporary custody may redirect all |
| 109 | or part of an existing child support obligation to be paid to |
| 110 | the extended family member who is granted temporary custody of |
| 111 | the child. If the court redirects an existing child support |
| 112 | obligation, the clerk of the circuit court in which the |
| 113 | temporary custody order is entered shall transmit a certified |
| 114 | copy thereof to the court originally entering the child support |
| 115 | order. The temporary custody order shall be recorded and filed |
| 116 | in the original action in which child support was determined and |
| 117 | become a part thereof. |
| 118 | (7) At any time, either or both of the child's parents may |
| 119 | petition the court to modify or terminate the order granting |
| 120 | temporary custody. The court shall terminate the order upon a |
| 121 | finding that the parent requesting the termination of the order |
| 122 | is a fit parent, or by consent of the parties. The court may |
| 123 | modify an order granting temporary custody if the parties |
| 124 | consent or if modification is in the best interest of the child. |
| 125 | Section 5. This act shall take effect July 1, 2006. |