| 1 | A bill to be entitled |
| 2 | An act relating to temporary and concurrent custody of a |
| 3 | child; revising ch. 751, F.S., relating to petitions and |
| 4 | court orders awarding the temporary custody of a child to |
| 5 | an extended family member, to also provide for concurrent |
| 6 | custody with the parents of the child; amending s. 751.01, |
| 7 | F.S.; conforming provisions to changes made by the act; |
| 8 | amending s. 751.011, F.S.; revising definitions; defining |
| 9 | the term "concurrent custody"; amending s. 751.02, F.S.; |
| 10 | providing requirements for concurrent custody; amending s. |
| 11 | 751.03, F.S.; revising the petition for concurrent custody |
| 12 | to require additional information; amending s. 751.04, |
| 13 | F.S.; conforming provisions to changes made by the act; |
| 14 | amending s. 751.05, F.S.; providing that if a parent |
| 15 | objects to a petition for concurrent custody, the court |
| 16 | may not grant the petition and must give the petitioner |
| 17 | the option of converting the petition to one for temporary |
| 18 | custody; providing for dismissal of the petition; |
| 19 | providing that an order granting concurrent custody does |
| 20 | not affect the ability of the parents to obtain the |
| 21 | physical custody of the child at any time; providing for |
| 22 | the court to terminate an order for concurrent custody if |
| 23 | either or both parents object to the order; providing for |
| 24 | filing for temporary custody if an order for concurrent |
| 25 | custody has been terminated; providing for the court to |
| 26 | modify an existing child support order; amending s. |
| 27 | 49.011, F.S.; conforming provisions to changes made by the |
| 28 | act; providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Section 751.01, Florida Statutes, is amended to |
| 33 | read: |
| 34 | 751.01 Purpose of act.-The purposes of this chapter ss. |
| 35 | 751.01-751.05 are to: |
| 36 | (1) Recognize that many minor children in this state live |
| 37 | with and are well cared for by members of their extended |
| 38 | families. The parents of these children have often provided for |
| 39 | their care by placing them temporarily with another family |
| 40 | member who is better able to care for them. Because of the care |
| 41 | being provided the children by their extended families, they are |
| 42 | not dependent children. |
| 43 | (2) Provide for the welfare of a minor child who is living |
| 44 | with extended family members. At present, such family members |
| 45 | are unable to give complete care to the child in their custody |
| 46 | because they lack a legal document that explains and defines |
| 47 | their relationship to the child, and they are unable effectively |
| 48 | to consent to the care of the child by third parties. |
| 49 | (3) Provide temporary or concurrent custody of a minor |
| 50 | child to a family member having physical custody of the minor |
| 51 | child to enable the custodian to: |
| 52 | (a) Consent to all necessary and reasonable medical and |
| 53 | dental care for the child, including nonemergency surgery and |
| 54 | psychiatric care.; |
| 55 | (b) Secure copies of the child's records, held by third |
| 56 | parties, that are necessary for to the care of the child, |
| 57 | including, but not limited to: |
| 58 | 1. Medical, dental, and psychiatric records.; |
| 59 | 2. Birth certificates and other records.; and |
| 60 | 3. Educational records.; |
| 61 | (c) Enroll the child in school and grant or withhold |
| 62 | consent for a child to be tested or placed in special school |
| 63 | programs, including exceptional education.; and |
| 64 | (d) Do all other things necessary for the care of the |
| 65 | child. |
| 66 | Section 2. Section 751.011, Florida Statutes, is amended |
| 67 | to read: |
| 68 | 751.011 Definitions.-As used in this chapter ss. 751.01- |
| 69 | 751.05, the term: |
| 70 | (1) "Concurrent custody" means that an eligible extended |
| 71 | family member is awarded custodial rights to care for a child |
| 72 | concurrently with the child's parent or parents. |
| 73 | (2) "Extended family member" means a is any person who is: |
| 74 | (a)(1) A relative of a minor child within the third degree |
| 75 | by blood or marriage to the parent; or |
| 76 | (b)(2) The stepparent of a minor child if the stepparent |
| 77 | is currently married to the parent of the child and is not a |
| 78 | party in a pending dissolution, separate maintenance, domestic |
| 79 | violence, or other civil or criminal proceeding in any court of |
| 80 | competent jurisdiction involving one or both of the child's |
| 81 | parents as an adverse party. |
| 82 | Section 3. Section 751.02, Florida Statutes, is amended to |
| 83 | read: |
| 84 | 751.02 Determination of Temporary or concurrent custody |
| 85 | proceedings; jurisdiction.- |
| 86 | (1) The following individuals may bring proceedings in the |
| 87 | circuit court to determine the temporary or concurrent custody |
| 88 | of a minor child: |
| 89 | (a)(1) Any extended family member who has the signed, |
| 90 | notarized consent of the child's legal parents; or |
| 91 | (b)(2) Any extended family member who is caring full time |
| 92 | for the child in the role of a substitute parent and with whom |
| 93 | the child is presently living. |
| 94 | (2) In addition to the requirements of subsection (1), an |
| 95 | individual seeking concurrent custody must: |
| 96 | (a) Currently have physical custody of the child and have |
| 97 | had physical custody of the child for at least 10 days in any |
| 98 | 30-day period within the last 12 months; and |
| 99 | (b) Not have signed, written documentation from a parent |
| 100 | which is sufficient to enable the custodian to do all of the |
| 101 | things necessary to care for the child which are available to |
| 102 | custodians who have an order issued under s. 751.05. |
| 103 | Section 4. Section 751.03, Florida Statutes, is amended to |
| 104 | read: |
| 105 | 751.03 Petition for temporary or concurrent custody; |
| 106 | contents.-Each petition for temporary or concurrent custody of a |
| 107 | minor child must be verified by the petitioner, who must be an |
| 108 | extended family member, and must contain statements, to the best |
| 109 | of the petitioner's knowledge and belief, providing showing: |
| 110 | (1) The name, date of birth, and current address of the |
| 111 | child.; |
| 112 | (2) The names and current addresses of the child's |
| 113 | parents.; |
| 114 | (3) The names and current addresses of the persons with |
| 115 | whom the child has lived during the past 5 years.; |
| 116 | (4) The places where the child has lived during the past 5 |
| 117 | years.; |
| 118 | (5) Information concerning any custody proceeding in this |
| 119 | or any other state with respect to the child.; |
| 120 | (6) The residence and post office address of the |
| 121 | petitioner.; |
| 122 | (7) The petitioner's relationship to the child.; |
| 123 | (8) If concurrent custody is being requested: |
| 124 | (a) The time periods during the last 12 months that the |
| 125 | child resided with the petitioner; |
| 126 | (b) The type of document, if any, provided by the parent |
| 127 | or parents to enable the petitioner to act on behalf of the |
| 128 | child; |
| 129 | (c) The services or actions that the petitioner is unable |
| 130 | to obtain or undertake without an order of custody; and |
| 131 | (d) Whether each parent has consented in writing to the |
| 132 | entry of an order of concurrent custody. |
| 133 |
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| 134 | A copy of the written consent and any documents provided by the |
| 135 | parent to assist the petitioner in obtaining services must be |
| 136 | attached to the petition. |
| 137 | (9)(8) If temporary custody is being requested, the |
| 138 | consent of the child's parents, or the specific acts or |
| 139 | omissions of the parents which demonstrate that the parents have |
| 140 | abused, abandoned, or neglected the child as defined in chapter |
| 141 | 39.; |
| 142 | (10)(9) Any temporary or permanent orders for child |
| 143 | support, the court entering the order, and the case number.; |
| 144 | (11)(10) Any temporary or permanent order for protection |
| 145 | entered on behalf of or against either parent, the petitioner, |
| 146 | or the child; the court entering the order; and the case |
| 147 | number.; |
| 148 | (12)(11) That it is in the best interest of the child for |
| 149 | the petitioner to have custody of the child.; and |
| 150 | (13)(12) A statement of the period of time the petitioner |
| 151 | is requesting temporary custody, including a statement of the |
| 152 | reasons supporting that request. |
| 153 |
|
| 154 | Only an extended family member may file a petition under |
| 155 | this chapter. |
| 156 | Section 5. Section 751.04, Florida Statutes, is amended to |
| 157 | read: |
| 158 | 751.04 Notice and opportunity to be heard.-Before a decree |
| 159 | is made under this chapter ss. 751.01-751.05, reasonable notice |
| 160 | and opportunity to be heard must be given to the parents of the |
| 161 | minor child by service of process, either personal or |
| 162 | constructive. |
| 163 | Section 6. Section 751.05, Florida Statutes, is amended to |
| 164 | read: |
| 165 | 751.05 Order granting temporary or concurrent custody.- |
| 166 | (1) At the hearing on the petition for temporary or |
| 167 | concurrent custody, the court must hear the evidence concerning |
| 168 | a minor child's need for care by the petitioner, all other |
| 169 | matters required to be set forth in the petition, and the |
| 170 | objections or other testimony of the child's parents, if |
| 171 | present. |
| 172 | (2) Unless the minor child's parents object, the court |
| 173 | shall award the temporary or concurrent custody of the child to |
| 174 | the petitioner if when it is in the best interest of the child |
| 175 | to do so. |
| 176 | (3) If one of the minor child's parents objects to: |
| 177 | (a) The petition for concurrent custody, in writing, the |
| 178 | court may not grant the petition even if the other parent |
| 179 | consents, in writing, to the entry of the order. The court shall |
| 180 | give the petitioner the option of converting the petition to a |
| 181 | petition for temporary custody. If the petitioner so elects, the |
| 182 | court shall set the matter for further hearing, provide notice |
| 183 | to the parent or parents, and proceed pursuant to paragraph (b). |
| 184 | If the petition is not converted into a petition for temporary |
| 185 | custody, it shall be dismissed without prejudice. |
| 186 | (b) The petition for temporary custody granting of |
| 187 | temporary custody to the petitioner, the court shall grant the |
| 188 | petition only upon a finding, by clear and convincing evidence, |
| 189 | that the child's parent or parents are unfit to provide for the |
| 190 | care and control of the child. In determining that a parent is |
| 191 | unfit, the court must find that the parent has abused, |
| 192 | abandoned, or neglected the child, as defined in chapter 39. |
| 193 | (4) The order granting: |
| 194 | (a) Concurrent custody of the minor child may not |
| 195 | eliminate or diminish the custodial rights of the child's parent |
| 196 | or parents. The order must expressly state that the grant of |
| 197 | custody does not affect the ability of the child's parent or |
| 198 | parents to obtain physical custody of the child at any time. |
| 199 | (b) Temporary custody of the minor child to the petitioner |
| 200 | may also grant visitation rights to the child's parent or |
| 201 | parents, if it is in the best interest of the child to do so. |
| 202 | (5)(a) The order granting temporary or concurrent custody |
| 203 | of the minor child to the petitioner: |
| 204 | (a) May not include an order for the support of the child |
| 205 | unless the parent has received personal or substituted service |
| 206 | of process, the petition requests an order for the support of |
| 207 | the child, and there is evidence of the parent's ability to pay |
| 208 | the support ordered. |
| 209 | (b) The order granting temporary custody May redirect all |
| 210 | or part of an existing child support obligation to be paid to |
| 211 | the extended family member who is granted temporary or |
| 212 | concurrent custody of the child. If the court redirects an |
| 213 | existing child support obligation, the order granting temporary |
| 214 | or concurrent custody must include, if possible, the |
| 215 | determination of arrearages owed to the obligee and the person |
| 216 | awarded temporary or concurrent custody and must order payment |
| 217 | of the arrearages. The clerk of the circuit court in which the |
| 218 | temporary custody order is entered shall transmit a certified |
| 219 | copy thereof to the court originally entering the child support |
| 220 | order. The temporary or concurrent custody order shall be |
| 221 | recorded and filed in the original action in which child support |
| 222 | was determined and become a part thereof. A copy of the |
| 223 | temporary or concurrent custody order shall also be filed with |
| 224 | the depository that serves as the official recordkeeper for |
| 225 | support payments due under the support order. The depository |
| 226 | must shall maintain separate accounts and separate account |
| 227 | numbers for individual obligees. |
| 228 | (6) At any time, either or both of the child's parents may |
| 229 | petition the court to modify or terminate the order granting |
| 230 | temporary custody. The court shall terminate the order upon a |
| 231 | finding that the parent is a fit parent, or by consent of the |
| 232 | parties. The court may modify an order granting temporary |
| 233 | custody if the parties consent or if modification is in the best |
| 234 | interest of the child. |
| 235 | (7) At any time, the petitioner or either or both of the |
| 236 | child's parents may move the court to terminate the order |
| 237 | granting concurrent custody. The court shall terminate the order |
| 238 | upon a finding that either or both of the child's parents object |
| 239 | to the order. The fact that an order for concurrent custody has |
| 240 | been terminated does not preclude any person who is otherwise |
| 241 | eligible to petition for temporary custody from filing such |
| 242 | petition. |
| 243 | (8) At any time, the petitioner or either or both of the |
| 244 | child's parents may move the court to modify the existing child |
| 245 | support order pursuant to chapter 61. The court may modify an |
| 246 | existing order granting child support if the parties consent and |
| 247 | if modification is in the best interest of the child. Any order |
| 248 | modifying child support in a concurrent custody proceeding shall |
| 249 | be copied and placed in the related family court files. |
| 250 | Section 7. Subsection (14) of section 49.011, Florida |
| 251 | Statutes, is amended to read: |
| 252 | 49.011 Service of process by publication; cases in which |
| 253 | allowed.-Service of process by publication may be made in any |
| 254 | court on any party identified in s. 49.021 in any action or |
| 255 | proceeding: |
| 256 | (14) For temporary custody of a minor child, under chapter |
| 257 | 751 ss. 751.01-751.05. |
| 258 | Section 8. This act shall take effect July 1, 2010. |