Temporary Custody Law

Florida's Law on Temporary Custody of Minor Children

The 2008 Florida Statutes

Title XLIII

DOMESTIC RELATIONS

Chapter 751

TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY

View the Entire Chapter of Florida's Temporary Custody Law

Temporary Custody By Extended Family

Determination of Temporary Custody

751.02 Determination of temporary child custody proceedings; jurisdiction. -- The following individuals may bring proceedings in the circuit court to temporarily determine the custody of a minor child:

(1) Any extended family member who has the signed, notarized consent of the child's legal parents; or

(2) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.

History.--s. 3, ch. 93-104; s. 3, ch. 2006-167.

Determination of Temporary Custody

751.02 Determination of temporary child custody proceedings; jurisdiction.--The following individuals may bring proceedings in the circuit court to temporarily determine the custody of a minor child:

(1) Any extended family member who has the signed, notarized consent of the child's legal parents; or

(2) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.

History.--s. 3, ch. 93-104; s. 3, ch. 2006-167.

Petition for Temporary Custody

751.03 Petition for temporary custody; contents.--Each petition for temporary custody of a minor child must be verified by the petitioner and must contain statements, to the best of petitioner's knowledge and belief, showing:

(1) The name, date of birth, and current address of the child;

(2) The names and current addresses of the child's parents;

(3) The names and current addresses of the persons with whom the child has lived during the past 5 years;

(4) The places where the child has lived during the past 5 years;

(5) Information concerning any custody proceeding in this or any other state with respect to the child;

(6) The residence and post office address of the petitioner;

(7) The petitioner's relationship to the child;

(8) The consent of the child's parents, or the specific acts or omissions of the parents which demonstrate that the parents have abused, abandoned, or neglected the child as defined in chapter 39;

(9) Any temporary or permanent orders for child support, the court entering the order, and the case number;

(10) Any temporary or permanent order for protection entered on behalf of or against either parent, the petitioner, or the child; the court entering the order; and the case number;

(11) That it is in the best interest of the child for the petitioner to have custody of the child; and

(12) A statement of the period of time the petitioner is requesting temporary child custody, including a statement of the reasons supporting that request.

Only an extended family member may file a petition under this chapter.

History.--s. 4, ch. 93-104; s. 4, ch. 2006-167.

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