Chapter 751 of Florida Statutes dictates the requirements for legal and temporary custody of a minor child by an extended family member. As reflected in Chapter 751, many minor children live with and are cared for by members of their extended families. However, what happens when that family member needs to take extended care of a minor child?
Chapter 751 lists the requirements for the filing of a Petition for Temporary or Concurrent Custody of a Minor Child. It also lists what providing temporary or concurrent custody would allow for the family member to do on the child’s behalf. If granted, a Petition for Temporary or Concurrent Custody allows for the extended family member to:
Those individuals who qualify as an “Extend Family Member” are defined under Chapter 751 as a relative of the child within the third degree by blood or marriage to the parent, a stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party, or an individual who qualifies as “fictive kin” as defined in s. 39.01. Prior to filing a Petition, the extended family member seeking such must currently have physical custody of the child or have had physical custody of the child for at least 10 days in any 30-day period within the last 12 months; and not have signed, written documentation from a parent which is sufficient to enable the custodian to do all of the things necessary to care for the child which are available to custodians with an order issued under s. 751.05.
The requirements for the filing of a Petition, pursuant to Chapter 751, are as follows:
Upon filing a Petition for Temporary or Concurrent Custody, proper notice and opportunity to be heard is and must be offered to the parents of the child by service of process. Chapter 751 also covers the requirements of the court in evaluating a Petition for Temporary or Concurrent Custody and the requirements of the court’s final order as to such.
Often, these cases become contested, which could result in additional litigation or responsive pleadings, among other complex matters. It is important to have a seasoned and experienced attorney to evaluate your case and the potential issues which may arise. The Rice Law Firm has handled many cases regarding temporary or concurrent custody since 1986. Contact us today at our Daytona Beach location at 386-310-2914.