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 |
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42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
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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 |
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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 |
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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. |