Florida Statute 751.02 | 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. 751.02

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 Citing Statute 751.02

Total Results: 20

Burgos v. Sequeira, Vargas

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: jurisdiction. 6 751.02(1)(a), Florida Statutes (2023), argues that she

YOLANDO GREEN v. SHARON FARMER

Court: District Court of Appeal of Florida | Date Filed: 2023-08-30

Snippet: and with whom the child is presently living.” § 751.02(1)(a)–(b), Fla. Stat. (2022). Farmer filed

K.D. v. IN RE: IN THE INTEREST OF P.P., R.P., and L.P.

Court: District Court of Appeal of Florida | Date Filed: 2022-03-23

Snippet: whom the child[ren] [are] presently living.” § 751.02(1)(b), Fla. Stat. Thus, she lacked standing to

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

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

Snippet: the Oregon court was permitted, under section 109.751(2), Oregon Revised Statutes (2015), to continue “exercising

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: four corners of the sentencing document.” § 98.0751(2)(a), Fla. Stat. (2019). The Legislature provided

Mendez v. Mendez Lopez

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

Citation: 271 So. 3d 72

Snippet: therefore, the child is not a dependent child. Section 751.02 provides that any extended family member who has

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: unnecessary under section 751.02(1), Florida Statutes (2008). But, section 751.02 governs who may bring a

K.S. v. E.S.

Court: District Court of Appeal of Florida | Date Filed: 2014-06-06

Citation: 161 So. 3d 456, 2014 WL 2566240, 2014 Fla. App. LEXIS 8594

Snippet: custody by extended family pursuant to section 751.02, Florida Statutes. The factual and procedural history

J.R.B. v. J.L.B.

Court: District Court of Appeal of Florida | Date Filed: 2012-04-11

Citation: 85 So. 3d 1167, 2012 Fla. App. LEXIS 5575

Snippet: chapter 39.” § 751.03(9), Fla. Stat. (2011). Section 751.02, however, limits such petitions, in the absence

Jrb v. Jlb

Court: District Court of Appeal of Florida | Date Filed: 2012-04-11

Citation: 85 So. 3d 1167, 2012 WL 1192176

Snippet: chapter 39." § 751.03(9), Fla. Stat. (2011). Section 751.02, however, limits such petitions, in the absence

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: the legislature amended sections 751.01, 751.011, 751.02, 751.03, and 751.05, Florida Statutes; as amended

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: member" may bring an action under chapter 751. See §§ 751.02-.03, Fla. Stat. Chapter 751 defines an "extended

Harrier v. Warmke

Court: District Court of Appeal of Florida | Date Filed: 2004-06-09

Citation: 876 So. 2d 603, 2004 Fla. App. LEXIS 8022, 2004 WL 1252664

Snippet: petition for temporary custody of a minor child, see § 751.02, Fla. Stat. (2003), and no order had been entered

Landinguin v. Carneal

Court: District Court of Appeal of Florida | Date Filed: 2003-02-06

Citation: 837 So. 2d 525, 2003 Fla. App. LEXIS 1237, 2003 WL 253301

Snippet: assigned judge for an evidentiary hearing. Sections 751.02 and 751.03 provide a mechanism for family members

Hammond v. Howard

Court: District Court of Appeal of Florida | Date Filed: 2002-10-18

Citation: 828 So. 2d 476, 2002 WL 31322570

Snippet: consent to obtain a formal custody order. See § 751.02, Fla. Stat. (2001). Kristy's whereabouts were unknown

T.M.M. v. H.M.C.

Court: District Court of Appeal of Florida | Date Filed: 2001-07-06

Citation: 788 So. 2d 1114, 2001 Fla. App. LEXIS 9209

Snippet: consent to obtain a formal custody order. See § 751.02, Fla.Stat. (1999). If a parent objects to such

In Re Temporary Custody of LM

Court: District Court of Appeal of Florida | Date Filed: 2001-07-06

Citation: 788 So. 2d 1114, 2001 WL 753866

Snippet: consent to obtain a formal custody order. See § 751.02, Fla.Stat. (1999). If a parent objects to such

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-05-21

Snippet: So.2d 689 (Fla. 1971); King v. Young, 107 So.2d 751 (2 D.C.A.Fla., 1958). Administrative Order No. 81-33

US Fid. & Guar. Co. v. Gulf Florida Dev. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1978-11-09

Citation: 365 So. 2d 748

Snippet: accordance with its terms and conditions, or *751 (2) Obtain a bid or bids for completing the Contract

Fairfax Broadcasting Co. v. Florida Airmotive, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1971-10-05

Citation: 252 So. 2d 854

Snippet: Hunt v. Ryder Truck Lines, Fla. 1968, 216 So.2d 751. [2] In regard to any possible effect of the Trail