The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY

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F.S. 751.03

751.03 Petition for temporary or concurrent custody; contents.—Each petition for temporary or concurrent custody of a minor child must be verified by the petitioner, who must be an extended family member, and must contain statements, to the best of the petitioner’s knowledge and belief, providing:

(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) If concurrent custody is being requested:

(a) The time periods during the last 12 months that the child resided with the petitioner;

(b) The type of document, if any, provided by the parent or parents to enable the petitioner to act on behalf of the child;

(d) Whether each parent has consented in writing to the entry of an order of concurrent custody.

A copy of the written consent and any documents provided by the parent to assist the petitioner in obtaining services must be attached to the petition.

(9) If temporary custody is being requested, 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.

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

(11) 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.

(12) That it is in the best interest of the child for the petitioner to have custody of the child.

(13) The period of time for which the petitioner is requesting temporary custody, including a statement of the reasons supporting that request.

(14) Any other provisions that are related to the best interest of the child, including, but not limited to, a reasonable plan for transitioning custody.

History.—s. 4, ch. 93-104; s. 4, ch. 2006-167; s. 5, ch. 2010-30; s. 4, ch. 2020-146.

F.S. 751.03 on Google Scholar

F.S. 751.03 on Casetext

Amendments to 751.03

Arrestable Offenses / Crimes under Fla. Stat. 751.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 751.03.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Finally, section 751.03 establishes the required contents of a petition for temporary or concurrent custody . . . petition establishes that the petition is legally sufficient and complies with the requirements of section 751.03 . . .

D. H. v. ADEPT COMMUNITY SERVICES, INC., 271 So. 3d 870 (Fla. 2018)

. . . . § 751.03, Fla. Stat. (2006). . . .

MORRIS, v. MORRIS,, 255 So. 3d 908 (Fla. App. Ct. 2018)

. . . determination of a contested petition for temporary custody by an extended family member under to section 751.03 . . . step-father filed a Petition for Ex Parte Emergency Custody by Extended Family Member pursuant to section 751.03 . . .

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

. . . She notes the current version of section 751.03, Florida Statutes, now requires a copy of the par-entis . . .

SLOWINSKI v. M. SWEENEY,, 117 So. 3d 73 (Fla. Dist. Ct. App. 2013)

. . . 2008, the child’s maternal grandmother filed her petition for temporary custody, pursuant to section 751.03 . . . 63.062(1)(b)1., Florida Statutes, executed his consent and that consent was attached to the petition. § 751.03 . . .

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

. . . filed an emergency petition for temporary custody of their two minor grandchildren pursuant to section 751.03 . . . demonstrating “that the parents have abused, abandoned, or neglected the child as defined in chapter 39.” § 751.03 . . .

In A. M. M. a D. M. M. v. J. M. M., 63 So. 3d 910 (Fla. Dist. Ct. App. 2011)

. . . See § 751.03(8). . . . See § 751.03(4). . . . Section 751.03(8) requires that a petition for temporary custody allege “[t]he consent of the child’s . . .

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 . . .

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

. . . 25, 2002, the grandparents filed a petition for temporary custody of the child pursuant to section 751.03 . . . Sections 751.02 and 751.03 provide a mechanism for family members to provide for the welfare of minor . . .