Florida Statute 751.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY

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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.

History.—s. 1, ch. 93-104; s. 1, ch. 2006-167; s. 2, ch. 2010-30; s. 1, ch. 2020-146.

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Amendments to 751.01

Annotations, Discussions, Cases:

Cases Citing Statute 751.01

Total Results: 4

D.H. v. Adept Community Services, Inc.

271 So. 3d 870

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119865

Cited 4 times | Published

or do anything else necessary for their care. § 751.01(3), Fla. Stat. (2006). Orders granting temporary

Lifleur v. Webster

138 So. 3d 570, 2014 WL 1814156, 2014 Fla. App. LEXIS 6791

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240736

Cited 3 times | Published

context of awarding custody to a non-parent. See § 751.01 et seq., Fla. Stat. (2013). Because the relevant

Mendez v. Mendez Lopez

271 So. 3d 72

District Court of Appeal of Florida | Filed: Feb 6, 2019 | Docket: 14536982

Cited 1 times | Published

So. 2d 436, 437 (Fla. 2d DCA 2007). Section 751.01, Florida Statutes, provides that the purpose

MOHORN v. Thomas

30 So. 3d 710, 2010 Fla. App. LEXIS 4216, 2010 WL 1222700

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1120225

Cited 1 times | Published

records, and to enroll the child in school. See § 751.01, Fla. Stat. (2009). Only an "extended family member"

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