Florida Statute 751.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY

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F.S. 751.01

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.

F.S. 751.01 on Google Scholar

F.S. 751.01 on Casetext

Amendments to 751.01

Arrestable Offenses / Crimes under Fla. Stat. 751.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 751.01.

Annotations, Discussions, Cases:

Cases Citing Statute 751.01

Total Results: 9

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

Court: District Court of Appeal of Florida | Date Filed: 2021-01-20

Snippet: Here, the Oregon court, under section 109.751(1), Oregon Revised Statutes (2015), had temporary

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

Court: District Court of Appeal of Florida | Date Filed: 2020-01-22

Snippet: subjected to mistreatment. OR. REV. STAT. § 109.751(1) (2015). However, on the date that the grandmother

Mendez v. Mendez Lopez

Court: District Court of Appeal of Florida | Date Filed: 2019-02-06

Citation: 271 So. 3d 72

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

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

Court: Supreme Court of Florida | Date Filed: 2018-11-01

Citation: 271 So. 3d 870

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

Tata v. Tata

Court: District Court of Appeal of Florida | Date Filed: 2016-11-09

Citation: 207 So. 3d 933, 2016 Fla. App. LEXIS 16762

Snippet: provided before any decree is made under sections 751.01 through 751.05. The trial *937court found both

Lifleur v. Webster

Court: District Court of Appeal of Florida | Date Filed: 2014-05-07

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

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

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2011-04-07

Citation: 60 So. 3d 979, 36 Fla. L. Weekly Supp. 146, 2011 Fla. LEXIS 865, 2011 WL 1305182

Snippet: chapter2010-30, the legislature amended sections 751.01, 751.011, 751.02, 751.03, and 751.05, Florida Statutes;

MOHORN v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2010-03-31

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-04-26

Snippet: Chapter 136, Florida Statutes.' Seealso Rule 6A-14.751(1)(b) which defines the depository of a community