Bill Text: FL H0025 | 2010 | Regular Session | Comm Sub

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Bill Title: Temporary and Concurrent Custody of a Child [SPSC]

Spectrum: Bipartisan Bill

Status: (Passed) 2010-05-07 - Approved by Governor; Chapter No. 2010-30 [H0025 Detail]

Download: Florida-2010-H0025-Comm_Sub.html

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CS/CS/HB 25

1	A bill to be entitled
2	An act relating to temporary and concurrent custody of a
3	child; amending s. 61.13002, F.S.; providing that a parent
4	activated, deployed, or temporarily assigned to military
5	service on orders in excess of a specified period may
6	designate a person or persons to exercise time-sharing
7	with the child on the parent's behalf; limiting who may be
8	designated; providing for limited objections by the other
9	parent; providing for expedited hearings; requiring a
10	servicemember and a nonmilitary parent to cooperate with
11	each other to resolve issues; requiring information
12	sharing; providing for agreements for persons to exercise
13	time-sharing on a parent's behalf; providing for expedited
14	hearings to enforce time-sharing rights; revising ch. 751,
15	F.S., relating to petitions and court orders awarding the
16	temporary custody of a child to an extended family member,
17	to also provide for concurrent custody with the parents of
18	the child; amending s. 751.01, F.S.; conforming provisions
19	to changes made by the act; amending s. 751.011, F.S.;
20	revising definitions; defining the term "concurrent
21	custody"; amending s. 751.02, F.S.; providing requirements
22	for concurrent custody; amending s. 751.03, F.S.; revising
23	the petition for concurrent custody to require additional
24	information; amending s. 751.04, F.S.; conforming
25	provisions to changes made by the act; amending s. 751.05,
26	F.S.; providing that if a parent objects to a petition for
27	concurrent custody, the court may not grant the petition
28	and must give the petitioner the option of converting the
29	petition to one for temporary custody; providing for
30	dismissal of the petition; providing that an order
31	granting concurrent custody does not affect the ability of
32	the parents to obtain the physical custody of the child at
33	any time; providing for the court to terminate an order
34	for concurrent custody if either or both parents object to
35	the order; providing for filing for temporary custody if
36	an order for concurrent custody has been terminated;
37	providing for the court to modify an existing child
38	support order; amending s. 49.011, F.S.; conforming
39	provisions to changes made by the act; providing an
40	effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1. Section 61.13002, Florida Statutes, is amended
45	to read:
46	61.13002 Temporary time-sharing modification and child
47	support modification due to military service.-
48	(1) If a supplemental petition or a motion for
49	modification of time-sharing and parental responsibility is
50	filed because a parent is activated, deployed, or temporarily
51	assigned to military service and the parent's ability to comply
52	with time-sharing is materially affected as a result, the court
53	may not issue an order or modify or amend a previous judgment or
54	order that changes time-sharing as it existed on the date the
55	parent was activated, deployed, or temporarily assigned to
56	military service, except that a court may enter a temporary
57	order to modify or amend time-sharing if there is clear and
58	convincing evidence that the temporary modification or amendment
59	is in the best interests of the child. When entering a temporary
60	order under this section, the court shall consider and provide
61	for, if feasible, contact between the military servicemember and
62	his or her child, including, but not limited to, electronic
63	communication by webcam, telephone, or other available means.
64	The court shall also permit liberal time-sharing during periods
65	of leave from military service, as it is in the child's best
66	interests to maintain the parent-child bond during the parent's
67	military service.
68	(2) If a parent is activated, deployed, or temporarily
69	assigned to military service on orders in excess of 90 days and
70	the parent's ability to comply with time-sharing is materially
71	affected as a result, the parent may designate a person or
72	persons to exercise time-sharing with the child on the parent's
73	behalf. The designation shall be limited to a family member, a
74	stepparent, or a relative of the child by marriage. The
75	designation shall be made in writing and provided to the other
76	parent at least 10 working days before the court-ordered period
77	of time-sharing commences. The other parent may only object to
78	the appointment of the designee on the basis that the designee's
79	time-sharing visitation is not in the best interests of the
80	child. When unable to reach agreement on the delegation, either
81	parent may request an expedited court hearing for a
82	determination on the designation.
83	(3) The servicemember and the nonmilitary parent shall
84	cooperate with each other in an effort to reach a mutually
85	agreeable resolution of custody, visitation, delegation of
86	visitation, and child support. Each party shall provide
87	information to the other party in an effort to facilitate
88	agreement on custody, visitation, delegation of visitation, and
89	child support. Agreements on designation of persons to exercise
90	time-sharing with the child on the parent's behalf may also be
91	made at the time of dissolution of marriage or other child
92	custody proceedings.
93	(4)(2) If a temporary order is issued under this section,
94	the court shall reinstate the time-sharing order previously in
95	effect upon the servicemember parent's return from active
96	military service, deployment, or temporary assignment.
97	(5) Upon motion of either parent for enforcement of rights
98	under this section, the court shall, for good cause shown, hold
99	an expedited hearing in custody and visitation matters
100	instituted under this section, and shall permit the
101	servicemember to testify by telephone, video teleconference,
102	webcam, affidavit, or other means where the military duties of
103	the servicemember parent have a material effect on the parent's
104	ability, or anticipated ability, to appear in person at a
105	regularly scheduled hearing.
106	(6)(3) If a temporary order is entered under this section,
107	the court may address the issue of support for the child by:
108	(a) Entering an order of temporary support from the
109	servicemember to the other parent under s. 61.30;
110	(b) Requiring the servicemember to enroll the child as a
111	military dependent with DEERs, TriCare, or other similar
112	benefits available to military dependents as provided by the
113	service member's branch of service and federal regulations; or
114	(c) Suspending, abating, or reducing the child support
115	obligation of the nonservice member until the custody judgment
116	or time-share order previously in effect is reinstated.
117	(7)(4) This section does not apply to permanent change of
118	station moves by military personnel, which shall be governed by
119	s. 61.13001.
120	Section 2. Section 751.01, Florida Statutes, is amended to
121	read:
122	751.01 Purpose of act.-The purposes of this chapter ss.
123	751.01-751.05 are to:
124	(1) Recognize that many minor children in this state live
125	with and are well cared for by members of their extended
126	families. The parents of these children have often provided for
127	their care by placing them temporarily with another family
128	member who is better able to care for them. Because of the care
129	being provided the children by their extended families, they are
130	not dependent children.
131	(2) Provide for the welfare of a minor child who is living
132	with extended family members. At present, such family members
133	are unable to give complete care to the child in their custody
134	because they lack a legal document that explains and defines
135	their relationship to the child, and they are unable effectively
136	to consent to the care of the child by third parties.
137	(3) Provide temporary or concurrent custody of a minor
138	child to a family member having physical custody of the minor
139	child to enable the custodian to:
140	(a) Consent to all necessary and reasonable medical and
141	dental care for the child, including nonemergency surgery and
142	psychiatric care.;
143	(b) Secure copies of the child's records, held by third
144	parties, that are necessary for to the care of the child,
145	including, but not limited to:
146	1. Medical, dental, and psychiatric records.;
147	2. Birth certificates and other records.; and
148	3. Educational records.;
149	(c) Enroll the child in school and grant or withhold
150	consent for a child to be tested or placed in special school
151	programs, including exceptional education.; and
152	(d) Do all other things necessary for the care of the
153	child.
154	Section 3. Section 751.011, Florida Statutes, is amended
155	to read:
156	751.011 Definitions.-As used in this chapter ss. 751.01-
157	751.05, the term:
158	(1) "Concurrent custody" means that an eligible extended
159	family member is awarded custodial rights to care for a child
160	concurrently with the child's parent or parents.
161	(2) "Extended family member" means a is any person who is:
162	(a)(1) A relative of a minor child within the third degree
163	by blood or marriage to the parent; or
164	(b)(2) The stepparent of a minor child if the stepparent
165	is currently married to the parent of the child and is not a
166	party in a pending dissolution, separate maintenance, domestic
167	violence, or other civil or criminal proceeding in any court of
168	competent jurisdiction involving one or both of the child's
169	parents as an adverse party.
170	Section 4. Section 751.02, Florida Statutes, is amended to
171	read:
172	751.02 Determination of Temporary or concurrent custody
173	proceedings; jurisdiction.-
174	(1) The following individuals may bring proceedings in the
175	circuit court to determine the temporary or concurrent custody
176	of a minor child:
177	(a)(1) Any extended family member who has the signed,
178	notarized consent of the child's legal parents; or
179	(b)(2) Any extended family member who is caring full time
180	for the child in the role of a substitute parent and with whom
181	the child is presently living.
182	(2) In addition to the requirements of subsection (1), an
183	individual seeking concurrent custody must:
184	(a) Currently have physical custody of the child and have
185	had physical custody of the child for at least 10 days in any
186	30-day period within the last 12 months; and
187	(b) Not have signed, written documentation from a parent
188	which is sufficient to enable the custodian to do all of the
189	things necessary to care for the child which are available to
190	custodians who have an order issued under s. 751.05.
191	Section 5. Section 751.03, Florida Statutes, is amended to
192	read:
193	751.03 Petition for temporary or concurrent custody;
194	contents.-Each petition for temporary or concurrent custody of a
195	minor child must be verified by the petitioner, who must be an
196	extended family member, and must contain statements, to the best
197	of the petitioner's knowledge and belief, providing showing:
198	(1) The name, date of birth, and current address of the
199	child.;
200	(2) The names and current addresses of the child's
201	parents.;
202	(3) The names and current addresses of the persons with
203	whom the child has lived during the past 5 years.;
204	(4) The places where the child has lived during the past 5
205	years.;
206	(5) Information concerning any custody proceeding in this
207	or any other state with respect to the child.;
208	(6) The residence and post office address of the
209	petitioner.;
210	(7) The petitioner's relationship to the child.;
211	(8) If concurrent custody is being requested:
212	(a) The time periods during the last 12 months that the
213	child resided with the petitioner;
214	(b) The type of document, if any, provided by the parent
215	or parents to enable the petitioner to act on behalf of the
216	child;
217	(c) The services or actions that the petitioner is unable
218	to obtain or undertake without an order of custody; and
219	(d) Whether each parent has consented in writing to the
220	entry of an order of concurrent custody.
221
222	A copy of the written consent and any documents provided by the
223	parent to assist the petitioner in obtaining services must be
224	attached to the petition.
225	(9)(8) If temporary custody is being requested, the
226	consent of the child's parents, or the specific acts or
227	omissions of the parents which demonstrate that the parents have
228	abused, abandoned, or neglected the child as defined in chapter
229	39.;
230	(10)(9) Any temporary or permanent orders for child
231	support, the court entering the order, and the case number.;
232	(11)(10) Any temporary or permanent order for protection
233	entered on behalf of or against either parent, the petitioner,
234	or the child; the court entering the order; and the case
235	number.;
236	(12)(11) That it is in the best interest of the child for
237	the petitioner to have custody of the child.; and
238	(13)(12) A statement of the period of time the petitioner
239	is requesting temporary custody, including a statement of the
240	reasons supporting that request.
241
242	Only an extended family member may file a petition under this
243	chapter.
244	Section 6. Section 751.04, Florida Statutes, is amended to
245	read:
246	751.04 Notice and opportunity to be heard.-Before a decree
247	is made under this chapter ss. 751.01-751.05, reasonable notice
248	and opportunity to be heard must be given to the parents of the
249	minor child by service of process, either personal or
250	constructive.
251	Section 7. Section 751.05, Florida Statutes, is amended to
252	read:
253	751.05 Order granting temporary or concurrent custody.-
254	(1) At the hearing on the petition for temporary or
255	concurrent custody, the court must hear the evidence concerning
256	a minor child's need for care by the petitioner, all other
257	matters required to be set forth in the petition, and the
258	objections or other testimony of the child's parents, if
259	present.
260	(2) Unless the minor child's parents object, the court
261	shall award the temporary or concurrent custody of the child to
262	the petitioner if when it is in the best interest of the child
263	to do so.
264	(3) If one of the minor child's parents objects to:
265	(a) The petition for concurrent custody, in writing, the
266	court may not grant the petition even if the other parent
267	consents, in writing, to the entry of the order. The court shall
268	give the petitioner the option of converting the petition to a
269	petition for temporary custody. If the petitioner so elects, the
270	court shall set the matter for further hearing, provide notice
271	to the parent or parents, and proceed pursuant to paragraph (b).
272	If the petition is not converted into a petition for temporary
273	custody, it shall be dismissed without prejudice.
274	(b) The petition for temporary custody granting of
275	temporary custody to the petitioner, the court shall grant the
276	petition only upon a finding, by clear and convincing evidence,
277	that the child's parent or parents are unfit to provide for the
278	care and control of the child. In determining that a parent is
279	unfit, the court must find that the parent has abused,
280	abandoned, or neglected the child, as defined in chapter 39.
281	(4) The order granting:
282	(a) Concurrent custody of the minor child may not
283	eliminate or diminish the custodial rights of the child's parent
284	or parents. The order must expressly state that the grant of
285	custody does not affect the ability of the child's parent or
286	parents to obtain physical custody of the child at any time.
287	(b) Temporary custody of the minor child to the petitioner
288	may also grant visitation rights to the child's parent or
289	parents, if it is in the best interest of the child to do so.
290	(5)(a) The order granting temporary or concurrent custody
291	of the minor child to the petitioner:
292	(a) May not include an order for the support of the child
293	unless the parent has received personal or substituted service
294	of process, the petition requests an order for the support of
295	the child, and there is evidence of the parent's ability to pay
296	the support ordered.
297	(b) The order granting temporary custody May redirect all
298	or part of an existing child support obligation to be paid to
299	the extended family member who is granted temporary or
300	concurrent custody of the child. If the court redirects an
301	existing child support obligation, the order granting temporary
302	or concurrent custody must include, if possible, the
303	determination of arrearages owed to the obligee and the person
304	awarded temporary or concurrent custody and must order payment
305	of the arrearages. The clerk of the circuit court in which the
306	temporary custody order is entered shall transmit a certified
307	copy thereof to the court originally entering the child support
308	order. The temporary or concurrent custody order shall be
309	recorded and filed in the original action in which child support
310	was determined and become a part thereof. A copy of the
311	temporary or concurrent custody order shall also be filed with
312	the depository that serves as the official recordkeeper for
313	support payments due under the support order. The depository
314	must shall maintain separate accounts and separate account
315	numbers for individual obligees.
316	(6) At any time, either or both of the child's parents may
317	petition the court to modify or terminate the order granting
318	temporary custody. The court shall terminate the order upon a
319	finding that the parent is a fit parent, or by consent of the
320	parties. The court may modify an order granting temporary
321	custody if the parties consent or if modification is in the best
322	interest of the child.
323	(7) At any time, the petitioner or either or both of the
324	child's parents may move the court to terminate the order
325	granting concurrent custody. The court shall terminate the order
326	upon a finding that either or both of the child's parents object
327	to the order. The fact that an order for concurrent custody has
328	been terminated does not preclude any person who is otherwise
329	eligible to petition for temporary custody from filing such
330	petition.
331	(8) At any time, the petitioner or either or both of the
332	child's parents may move the court to modify the existing child
333	support order pursuant to chapter 61. The court may modify an
334	existing order granting child support if the parties consent and
335	if modification is in the best interest of the child. Any order
336	modifying child support in a concurrent custody proceeding shall
337	be copied and placed in the related family court files.
338	Section 8. Subsection (14) of section 49.011, Florida
339	Statutes, is amended to read:
340	49.011 Service of process by publication; cases in which
341	allowed.-Service of process by publication may be made in any
342	court on any party identified in s. 49.021 in any action or
343	proceeding:
344	(14) For temporary custody of a minor child, under chapter
345	751 ss. 751.01-751.05.
346	Section 9. This act shall take effect July 1, 2010.

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