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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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

---

CS/HB 25

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
30	Be It Enacted by the Legislature of the State of Florida:
31
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
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.

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