CS/CS/CS/HB 1519

1
A bill to be entitled
2An act relating to temporary and concurrent custody of a
3child; revising ch. 751, F.S., relating to petitions and
4court orders awarding the temporary custody of a child to
5an extended family member, to also provide for concurrent
6custody with the parents of the child; amending ss. 751.01
7and 751.02, F.S.; conforming provisions to changes made by
8the act; amending s. 751.011, F.S.; revising definitions;
9defining the term "concurrent custody"; amending s.
10751.03, F.S.; revising the petition for concurrent custody
11to require additional information; amending s. 751.05,
12F.S.; providing that if a parent objects to a petition for
13concurrent custody, the court may not grant the petition
14and must give the petitioner the option of converting the
15petition to one for temporary custody; providing for
16dismissal of the petition; providing that an order
17granting concurrent custody does not affect the ability of
18the parents to obtain the physical custody of the child at
19any time; providing for the court to terminate an order
20for concurrent custody if a parent withdraws his or her
21consent to the order; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (3) of section 751.01, Florida
26Statutes, is amended to read:
27     751.01  Purpose of act.--The purposes of ss. 751.01-751.05
28are to:
29     (3)  Provide temporary or concurrent custody of a minor
30child to a family member having physical custody of the minor
31child to enable the custodian to:
32     (a)  Consent to all necessary and reasonable medical and
33dental care for the child, including nonemergency surgery and
34psychiatric care.;
35     (b)  Secure copies of the child's records, held by third
36parties, that are necessary for to the care of the child,
37including, but not limited to:
38     1.  Medical, dental, and psychiatric records;
39     2.  Birth certificates and other records; and
40     3.  Educational records.;
41     (c)  Enroll the child in school and grant or withhold
42consent for a child to be tested or placed in special school
43programs, including exceptional education.; and
44     (d)  Do all other things necessary for the care of the
45child.
46     Section 2.  Section 751.011, Florida Statutes, is amended
47to read:
48     751.011  Definitions.--As used in this chapter ss. 751.01-
49751.05, the term:
50     (1)  "Concurrent custody" means that an eligible individual
51is awarded custodial rights to care for a child concurrently
52with the child's parent or parents.
53     (2)  "Extended family member" means a is any person who is:
54     (a)(1)  A relative of a minor child within the third degree
55by blood or marriage to the parent; or
56     (b)(2)  The stepparent of a minor child if the stepparent
57is currently married to the parent of the child and is not a
58party in a pending dissolution, separate maintenance, domestic
59violence, or other civil or criminal proceeding in any court of
60competent jurisdiction involving one or both of the child's
61parents as an adverse party.
62     Section 3.  Section 751.02, Florida Statutes, is amended to
63read:
64     751.02  Determination of Temporary or concurrent custody
65proceedings; jurisdiction.--
66     (1)  The following individuals may bring proceedings in the
67circuit court to determine the temporary or concurrent custody
68of a minor child:
69     (a)(1)  Any extended family member who has the signed,
70notarized consent of the child's legal parents; or
71     (b)(2)  Any extended family member who is caring full time
72for the child in the role of a substitute parent and with whom
73the child is presently living.
74     (2)  In addition to the requirements of subsection (1), an
75individual seeking concurrent custody must:
76     (a)  Currently have physical custody of the child, and have
77had physical custody of the child for at least 10 days in any
7830-day period within the last 12 months; and
79     (b)  Not have signed, written documentation from a parent
80which is sufficient to enable the custodian to do all of the
81things necessary to care for the child which are available to
82custodians who have an order issued under s. 751.05.
83     Section 4.  Section 751.03, Florida Statutes, is amended to
84read:
85     751.03  Petition for temporary or concurrent custody;
86contents.--Each petition for temporary or concurrent custody of
87a minor child must be verified by the petitioner, who must be an
88extended family member, and must contain statements, to the best
89of the petitioner's knowledge and belief, providing showing:
90     (1)  The name, date of birth, and current address of the
91child.;
92     (2)  The names and current addresses of the child's
93parents.;
94     (3)  The names and current addresses of the persons with
95whom the child has lived during the past 5 years.;
96     (4)  The places where the child has lived during the past 5
97years.;
98     (5)  Information concerning any custody proceeding in this
99or any other state with respect to the child.;
100     (6)  The residence and post office address of the
101petitioner.;
102     (7)  The petitioner's relationship to the child.;
103     (8)  If concurrent custody is being requested:
104     (a)  The time periods during the last 12 months that the
105child resided with the petitioner;
106     (b)  The type of document, if any, provided by the parent
107or parents to enable the petitioner to act on behalf of the
108child;
109     (c)  The services or actions that the petitioner is unable
110to obtain or undertake without an order of custody; and
111     (d)  Whether each parent has consented in writing to the
112entry of an order of concurrent custody.
113
114A copy of the written consent and any documents provided by the
115parent to assist the petitioner in obtaining services must be
116attached to the petition.
117     (9)(8)  If temporary custody is being requested, the
118consent of the child's parents, or the specific acts or
119omissions of the parents which demonstrate that the parents have
120abused, abandoned, or neglected the child as defined in chapter
12139.;
122     (10)(9)  Any temporary or permanent orders for child
123support, the court entering the order, and the case number.;
124     (11)(10)  Any temporary or permanent order for protection
125entered on behalf of or against either parent, the petitioner,
126or the child; the court entering the order; and the case
127number.;
128     (12)(11)  That it is in the best interest of the child for
129the petitioner to have custody of the child.; and
130     (13)(12)  A statement of the period of time the petitioner
131is requesting temporary custody, including a statement of the
132reasons supporting that request.
133
134Only an extended family member may file a petition under this
135chapter.
136     Section 5.  Section 751.05, Florida Statutes, is amended to
137read:
138     751.05  Order granting temporary or concurrent custody.--
139     (1)  At the hearing on the petition for temporary or
140concurrent custody, the court must hear the evidence concerning
141a minor child's need for care by the petitioner, all other
142matters required to be set forth in the petition, and the
143objections or other testimony of the child's parents, if
144present.
145     (2)  Unless the minor child's parents object, the court
146shall award the temporary or concurrent custody of the child to
147the petitioner if when it is in the best interest of the child
148to do so.
149     (3)  If one of the minor child's parents objects to:
150     (a)  The petition for concurrent custody, in writing, the
151court may not grant the petition even if the other parent
152consents, in writing, to the entry of the order. The court shall
153give the petitioner the option of converting the petition to a
154petition for temporary custody. If the petitioner so elects, the
155court shall set the matter for further hearing, provide notice
156to the parent or parents, and proceed pursuant to paragraph (b).
157If the petition is not converted into a petition for temporary
158custody, it shall be dismissed without prejudice.
159     (b)  The petition for temporary custody granting of
160temporary custody to the petitioner, the court shall grant the
161petition only upon a finding, by clear and convincing evidence,
162that the child's parent or parents are unfit to provide for the
163care and control of the child. In determining that a parent is
164unfit, the court must find that the parent has abused,
165abandoned, or neglected the child, as defined in chapter 39.
166     (4)  The order granting:
167     (a)  Concurrent custody of the minor child may not
168eliminate or diminish the custodial rights of the child's parent
169or parents. The order must expressly state that the grant of
170custody does not affect the ability of the child's parent or
171parents to obtain physical custody of the child at any time.
172     (b)  Temporary custody of the minor child to the petitioner
173may also grant visitation rights to the child's parent or
174parents, if it is in the best interest of the child to do so.
175     (5)(a)  The order granting temporary or concurrent custody
176of the minor child to the petitioner:
177     (a)  May not include an order for the support of the child
178unless the parent has received personal or substituted service
179of process, the petition requests an order for the support of
180the child, and there is evidence of the parent's ability to pay
181the support ordered.
182     (b)  The order granting temporary custody May redirect all
183or part of an existing child support obligation to be paid to
184the extended family member who is granted temporary or
185concurrent custody of the child. If the court redirects an
186existing child support obligation, the order granting temporary
187or concurrent custody must include, if possible, the
188determination of arrearages owed to the obligee and the person
189awarded temporary or concurrent custody and must order payment
190of the arrearages. The clerk of the circuit court in which the
191temporary custody order is entered shall transmit a certified
192copy thereof to the court originally entering the child support
193order. The temporary or concurrent custody order shall be
194recorded and filed in the original action in which child support
195was determined and become a part thereof. A copy of the
196temporary or concurrent custody order shall also be filed with
197the depository that serves as the official recordkeeper for
198support payments due under the support order. The depository
199must shall maintain separate accounts and separate account
200numbers for individual obligees.
201     (6)  At any time, either or both of the child's parents may
202petition the court to modify or terminate the order granting
203temporary custody. The court shall terminate the order upon a
204finding that the parent is a fit parent, or by consent of the
205parties. The court may modify an order granting temporary
206custody if the parties consent or if modification is in the best
207interest of the child.
208     (7)  At any time, the petitioner or either or both of the
209child's parents may move the court to modify the child support
210provision or terminate the order granting concurrent custody.
211The court shall terminate the order upon a finding that either
212or both of the child's parents object to the order. The fact
213that an order for concurrent custody has been terminated does
214not preclude any person who is otherwise eligible to petition
215for temporary custody from filing such petition. The court may
216modify an order granting child support if the parties consent
217and if modification is in the best interest of the child.
218     Section 6.  This act shall take effect July 1, 2009.


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