Florida Statutes
Fla. Stat. § 751.01 (2025)
Purpose of act.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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751.01 Purpose of act.—The purposes of this chapter are to:
(1) Recognize that many minor children in this state live with and are well cared for by members of their extended families. The parents of these children have often provided for their care by placing them temporarily with another family member who is better able to care for them. Because of the care being provided the children by their extended families, they are not dependent children.
(2) Provide for the welfare of a minor child who is living with extended family members. At present, such family members are unable to give complete care to the child in their custody because they lack a legal document that explains and defines their relationship to the child, and they are unable effectively to consent to the care of the child by third parties.
(3) Provide temporary or concurrent custody of a minor child to a family member having physical custody of the minor child to enable the custodian to:
(a) Consent to all necessary and reasonable medical and dental care for the child, including nonemergency surgery and psychiatric care.
(b) Secure copies of the child’s records, held by third parties, that are necessary for the care of the child, including, but not limited to:
1. Medical, dental, and psychiatric records.
2. Birth certificates and other records.
3. Educational records.
(c) Enroll the child in school and grant or withhold consent for a child to be tested or placed in special school programs, including exceptional education.
(d) Do all other things necessary for the care of the child.
(4) Protect the welfare of minor children by allowing transitions of custody consistent with their best interest.
Notes of Decisions
Cited in 8
cases, 2009–2019 · leading case: D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018).
D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018). “§ 751.01(3), Fla. Stat. (2006). Orders granting temporary custody of a child to members of the child’s extended family do not inherently appoint that family member as the child’s guardian.”
Quevedo-Woolf v. Overholser, 820 S.E.2d 817 (N.C. Ct. App. 2018). “" Fla. Stat. § 751.01 (1) (2007) (part of an act (the "Act") entitled: "Temporary Custody of Minor Children by Extended Family").”
Mendez v. Mendez Lopez, 271 So. 3d 72 (Fla. 3d DCA 2019). “01, Florida Statutes, provides that the purpose of chapter 751 is, among other things, to provide for the welfare of the minor child who is living with extended family members. Specifically, the chapter recognizes that the care being extended to the child is by an extended…”
Lifleur v. Webster, 138 So. 3d 570 (Fla. 3d DCA 2014). “See § 751.01 et seq., Fla. Stat. (2013). Because the relevant facts of this case took place both before and after the amendments to Chapter 61, this opinion sets forth the history of this case using the terms as they were used by the parties and the court during the course of…”
MOHORN v. Thomas, 30 So. 3d 710 (Fla. 4th DCA 2010). “See § 751.01, Fla. Stat. (2009). Only an “extended family member” may bring an action under chapter 751.”
Quevedo-Woolf v. Overholser (N.C. Ct. App. 2018). “” Fla. Stat. § 751.01 (1) (2007) (part of an act (the “Act”) entitled: “Temporary Custody of Minor Children by Extended Family”).”
Judy S. Baggs & Michael J. Baggs v. Dennis Becker (Tex. App. 2009). “See Fla. Stat. §§ 751.01 -.05. We note that section 751.”
Jason Martinez v. State (Tex. App. 2009). “See Fla. Stat. §§ 751.01 -.05. We note that section 751.”
— 751.01(3) — 1 case
D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018). “§ 751.01(3), Fla. Stat. (2006). Orders granting temporary custody of a child to members of the child’s extended family do not inherently appoint that family member as the child’s guardian.”
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