Florida Senate - 2019 CS for SB 1174 By the Committee on Judiciary; and Senator Bean 590-03206-19 20191174c1 1 A bill to be entitled 2 An act relating to custody of minor children by 3 extended family; amending s. 751.01, F.S.; revising 4 the purposes of ch. 751, F.S.; amending s. 751.03, 5 F.S.; providing that a petition for concurrent custody 6 may include certain requests; amending s. 751.05, 7 F.S.; providing requirements for orders granting 8 concurrent or temporary custody; requiring the court 9 to establish any conditions for the transition of 10 custody of the child to the parent which are in the 11 child’s best interest under certain circumstances; 12 requiring the court to consider specified factors; 13 authorizing the court to require parties to comply 14 with conditions agreed to be the parties in the order 15 granting concurrent custody or demonstrate that 16 failure to comply does not endanger the welfare of the 17 child; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (4) is added to section 751.01, 22 Florida Statutes, to read: 23 751.01 Purpose of act.—The purposes of this chapter are to: 24 (4) Protect the welfare of minor children by providing for 25 transitions of custody that consider each child’s developmental 26 stage and psychological needs. 27 Section 2. Subsection (8) of section 751.03, Florida 28 Statutes, is amended to read: 29 751.03 Petition for temporary or concurrent custody; 30 contents.—Each petition for temporary or concurrent custody of a 31 minor child must be verified by the petitioner, who must be an 32 extended family member, and must contain statements, to the best 33 of the petitioner’s knowledge and belief, providing: 34 (8) If concurrent custody is being requested: 35 (a) The
timeperiods during the last 12 months that the 36 child resided with the petitioner; 37 (b) The type of document, if any, provided by the parent or 38 parents to enable the petitioner to act on behalf of the child; 39 (c) The services or actions that the petitioner is unable 40 to obtain or undertake without an order of custody; and41 (d) Whether each parent has consented in writing to the 42 entry of an order of concurrent custody; and 43 (e) Any other request related to the protection of the 44 welfare of the child, including provisions for transitioning 45 custody or a plan for visitation. 46 47 A copy of the written consent and any documents provided by the 48 parent to assist the petitioner in obtaining services must be 49 attached to the petition. 50 Section 3. Subsections (4), (6), and (7) of section 751.05, 51 Florida Statutes, are amended to read: 52 751.05 Order granting temporary or concurrent custody.— 53 (4) The order granting: 54 (a) Concurrent custody of the minor child may not eliminate 55 or diminish the custodial rights of the child’s parent or 56 parents, except that the court may approve and enforce any 57 conditions agreed to by the parties as part of the court order. 58 The order must expressly state that the grant of custody does 59 not affect the ability of the child’s parent or parents to 60 obtain physical custody of the child at any time, unless the 61 parent or parents agreed to such a condition and it was included 62 in the order. 63 (b) Temporary custody of the minor child to the petitioner 64 may establish conditions to demonstrate the parent’s fitness 65 before the child may be returned to the physical custody of the 66 parent and may also grant visitation rights to the child’s 67 parent or parents, if it is in the best interest of the child. 68 (6) At any time, either or both of the child’s parents may 69 petition the court to modify or terminate the order granting 70 temporary custody. 71 (a) The court shall terminate the order upon a finding that 72 the parent is a fit parent, or by consent of the parties. If the 73 child has been in the temporary custody of an extended family 74 member for 6 months or longer, the court shall establish any 75 conditions for the transition of the child to the parents’ 76 custody which are in the best interest of the child, considering 77 the length of time the child lived with the extended family 78 member, the child’s developmental stage and psychological needs, 79 the need for a gradual transition from one setting to another, 80 and visitation with the extended family member. 81 (b) The court may modify an order granting temporary 82 custody if the parties consent or if modification is in the best 83 interest of the child. 84 (7) At any time, the petitioner or either or both of the 85 child’s parents may move the court to terminate the order 86 granting concurrent custody. 87 (a) The court shall terminate the order upon a finding that 88 either or both of the child’s parents object to the order, 89 except that if the order granting concurrent custody contains 90 conditions agreed to by the parties, the court may require the 91 parties to comply with such conditions or demonstrate that the 92 failure to comply does not endanger the welfare of the child 93 before allowing the parents to regain physical custody. 94 (b) The fact that an order for concurrent custody has been 95 terminated does not preclude any person who is otherwise 96 eligible to petition for temporary custody from filing such 97 petition. 98 Section 4. This act shall take effect July 1, 2019.