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Florida Statute 751.02 | Lawyer Caselaw & Research
F.S. 751.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 751.02

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY
View Entire Chapter
F.S. 751.02
751.02 Temporary or concurrent custody proceedings; jurisdiction.
(1) The following individuals may bring proceedings in the circuit court to determine the temporary or concurrent custody of a minor child:
(a) Any extended family member who has the signed, notarized consent of the child’s legal parents; or
(b) 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.
(2) In addition to the requirements of subsection (1), an individual seeking concurrent custody must:
(a) 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
(b) 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 who have an order issued under s. 751.05.
History.s. 3, ch. 93-104; s. 3, ch. 2006-167; s. 4, ch. 2010-30; s. 3, ch. 2020-146.

F.S. 751.02 on Google Scholar

F.S. 751.02 on Casetext

Amendments to 751.02


Arrestable Offenses / Crimes under Fla. Stat. 751.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 751.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MENDEZ, v. MENDEZ LOPEZ, 271 So. 3d 72 (Fla. App. Ct. 2019)

. . . Section 751.02 provides that any extended family member who has the signed, notarized consent of the . . .

D. SAMUELS, v. SOUTHERN HILLS LIMITED PARTNERSHIP,, 289 F. Supp. 3d 26 (D.D.C. 2017)

. . . . § 6-751.02(a) (requiring "install[ation of] smoke detectors as required by this subchapter"); and ( . . .

TATA, v. TATA, 207 So.3d 933 (Fla. Dist. Ct. App. 2016)

. . . Second, the maternal grandmother argues the father’s written consent was unnecessary under section 751.02 . . . But, section 751.02 governs who may bring a petition; it does not address proceedings in which notice . . .

K. S. R. G. v. E. S. T. S., 161 So. 3d 456 (Fla. Dist. Ct. App. 2014)

. . . by Appellees when they filed a petition for temporary custody by extended family pursuant to section 751.02 . . .

J. R. B. v. J. L. B. J. A. B. M. B. B., 85 So. 3d 1167 (Fla. Dist. Ct. App. 2012)

. . . Section 751.02, however, limits such petitions, in the absence of parental consent, to an “extended family . . . time for the child in the role of a substitute parent and with whom the child is presently living.” § 751.02 . . . consenting to the grandparents’ temporary or concurrent custody of the minor children pursuant to section 751.02 . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 60 So. 3d 979 (Fla. 2011)

. . . Specifically, in chapter 2010-30, the legislature amended sections 751.01, 751.011, 751.02, 751.03, and . . .

MOHORN, v. THOMAS, 30 So. 3d 710 (Fla. Dist. Ct. App. 2010)

. . . See §§ 751.02-.03, Fla. Stat. . . .

L. HARRIER, v. WARMKE, 876 So. 2d 603 (Fla. Dist. Ct. App. 2004)

. . . had not been submitted to a circuit court as a petition for temporary custody of a minor child, see § 751.02 . . . Section 751.02, Florida Statutes (2003), provides that “any relative of a minor child who has the signed . . .

LANDINGUIN v. CARNEAL, 837 So. 2d 525 (Fla. Dist. Ct. App. 2003)

. . . Sections 751.02 and 751.03 provide a mechanism for family members to provide for the welfare of minor . . .

HAMMOND, v. Jo HOWARD,, 828 So. 2d 476 (Fla. Dist. Ct. App. 2002)

. . . See § 751.02, Fla. Stat. (2001). . . .

In TEMPORARY CUSTODY OF L. M. T. M. T. M. M. v. H. M. C. s, 788 So. 2d 1114 (Fla. Dist. Ct. App. 2001)

. . . See § 751.02, Fla.Stat. (1999). . . .

H. TERRY, v. GUARDIAN LIFE INSURANCE COMPANY,, 8 F. App'x 290 (6th Cir. 2001)

. . . As part of the divorce decree, the court ordered Terry to pay his ex-wife $751.02 per month in child . . . child support payments, the Alabama court modified its earlier decree and ordered Guardian to pay $751.02 . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, v. W. COVER,, 714 F. Supp. 455 (D. Kan. 1988)

. . . receivership capacities, subsequently tendered a check to the clerk of this court in the amount of $751.02 . . .