Bill Text: FL S0124 | 2020 | Regular Session | Enrolled
Bill Title: Custody of Minor Children by Extended Family
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2020-07-01 - Chapter No. 2020-146 [S0124 Detail]
Download: Florida-2020-S0124-Enrolled.html
ENROLLED 2020 Legislature CS for CS for SB 124, 1st Engrossed 2020124er 1 2 An act relating to custody of minor children by 3 extended family; amending s. 751.01, F.S.; revising 4 the purposes of ch. 751, F.S.; amending s. 751.011, 5 F.S.; revising the definition of the term “extended 6 family member”; amending s. 751.02, F.S.; revising the 7 requirements for individuals seeking concurrent 8 custody; amending s. 751.03, F.S.; allowing any other 9 provisions related to the best interest of the child 10 to be considered in a petition for temporary or 11 concurrent custody; amending s. 751.05, F.S.; 12 authorizing courts to include provisions requested in 13 petitions for temporary or concurrent custody which 14 relate to the best interest of the child; authorizing 15 the court to order on its own motion the transitioning 16 of a child back to the custody of his or her parents 17 in such proceedings under certain circumstances; 18 requiring the court to consider specified factors when 19 entering such order; authorizing courts to require 20 parties to comply with provisions approved in the 21 order which relate to a reasonable plan for 22 transitioning custody before terminating the order; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (4) is added to section 751.01, 28 Florida Statutes, to read: 29 751.01 Purpose of act.—The purposes of this chapter are to: 30 (4) Protect the welfare of minor children by allowing 31 transitions of custody consistent with their best interest. 32 Section 2. Section 751.011, Florida Statutes, is amended to 33 read: 34 751.011 Definitions.—As used in this chapter, the term: 35 (1) “Concurrent custody” means that an eligible extended 36 family member is awarded custodial rights to care for a child 37 concurrently with the child’s parent or parents. 38 (2) “Extended family member” means a person who is: 39 (a) A relative of a minor child within the third degree by 40 blood or marriage to the parent;or41 (b) The stepparent of a minor child if the stepparent is 42 currently married to the parent of the child and is not a party 43 in a pending dissolution, separate maintenance, domestic 44 violence, or other civil or criminal proceeding in any court of 45 competent jurisdiction involving one or both of the child’s 46 parents as an adverse party; or 47 (c) An individual who qualifies as “fictive kin” as defined 48 in s. 39.01. 49 Section 3. Subsection (2) of section 751.02, Florida 50 Statutes, is amended to read: 51 751.02 Temporary or concurrent custody proceedings; 52 jurisdiction.— 53 (2) In addition to the requirements of subsection (1), an 54 individual seeking concurrent custody must: 55 (a) Currently have physical custody of the child orand56 have had physical custody of the child for at least 10 days in 57 any 30-day period within the last 12 months; and 58 (b) Not have signed, written documentation from a parent 59 which is sufficient to enable the custodian to do all of the 60 things necessary to care for the child which are available to 61 custodians who have an order issued under s. 751.05. 62 Section 4. Subsection (13) of section 751.03, Florida 63 Statutes, is amended, and subsection (14) is added to that 64 section, to read: 65 751.03 Petition for temporary or concurrent custody; 66 contents.—Each petition for temporary or concurrent custody of a 67 minor child must be verified by the petitioner, who must be an 68 extended family member, and must contain statements, to the best 69 of the petitioner’s knowledge and belief, providing: 70 (13)A statement ofThe period of time for which the 71 petitioner is requesting temporary custody, including a 72 statement of the reasons supporting that request. 73 (14) Any other provisions that are related to the best 74 interest of the child, including, but not limited to, a 75 reasonable plan for transitioning custody. 76 Section 5. Subsections (4), (6), and (7) of section 751.05, 77 Florida Statutes, are amended to read: 78 751.05 Order granting temporary or concurrent custody.— 79 (4) The order granting: 80 (a) Concurrent custody of the minor child may not eliminate 81 or diminish the custodial rights of the child’s parent or 82 parents. The order must expressly state that the grant of 83 custody does not affect the ability of the child’s parent or 84 parents to obtain physical custody of the child at any time, 85 except that the court may approve provisions requested in the 86 petition which are related to the best interest of the child, 87 including a reasonable transition plan that provides for a 88 return of custody back to the child’s parent or parents. 89 (b) Temporary custody of the minor child to the petitioner 90 may include provisions requested in the petition which are 91 related to the best interest of the child, including a 92 reasonable transition plan that provides for a return of custody 93 back to the parent or parents, and may also grant visitation 94 rights to the child’s parent or parents, if it is in the best 95 interest of the child. 96 (6) At any time, either or both of the child’s parents may 97 petition the court to modify or terminate the order granting 98 temporary custody. 99 (a) The court may modify an order granting temporary 100 custody if the parties consent or if modification is in the best 101 interest of the child. 102 (b) The court shall terminate the order upon a finding that 103 the parent is a fit parent, or by consent of the parties, except 104 that the court may require the parties to comply with provisions 105 approved in the order which are related to a reasonable plan for 106 transitioning custody before terminating the order. 107 (c) If the order granting temporary custody was entered 108 after a finding that the child’s parent or parents are unfit and 109 the child has been in the temporary custody of an extended 110 family member for a period of time the court determines to be 111 significant, the court may, on its own motion, establish 112 reasonable conditions, which are in the best interests of the 113 child, for transitioning the child back to the custody of the 114 child’s parent or parents. In determining such reasonable 115 conditions, the court shall consider all of the following: 116 1. The length of time the child lived or resided with the 117 extended family member. 118 2. The child’s developmental stage. 119 3. The length of time reasonably needed to complete the 120 transitionThe court may modify an order granting temporary121custody if the parties consent or if modification is in the best122interest of the child. 123 (7) At any time, the petitioner or either or both of the 124 child’s parents may move the court to terminate the order 125 granting concurrent custody. 126 (a) The court shall terminate the order upon a finding that 127 either or both of the child’s parents object to the order, 128 except that the court may require the parties to comply with 129 provisions approved in the order which are related to a 130 reasonable plan for transitioning custody before terminating the 131 order. 132 (b) The fact that an order for concurrent custody has been 133 terminated does not preclude any person who is otherwise 134 eligible to petition for temporary custody from filing such 135 petition. 136 Section 6. This act shall take effect July 1, 2020.