Florida Statute 751.02 - 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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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.

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Amendments to 751.02

Annotations, Discussions, Cases:

Cases Citing Statute 751.02

Total Results: 12

Hammond v. Howard

828 So. 2d 476, 2002 WL 31322570

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 430016

Cited 4 times | Published

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

In Re Temporary Custody of LM

788 So. 2d 1114, 2001 WL 753866

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 1286768

Cited 4 times | Published

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

Mendez v. Mendez Lopez

271 So. 3d 72

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

Cited 1 times | Published

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

Burgos v. Sequeira, Vargas

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69265873

Published

based on the parents' consents pursuant to section 751.02(1)(a). Notwithstanding that the order stated

YOLANDO GREEN v. SHARON FARMER

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744025

Published

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.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180096

Published

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

Tata v. Tata

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

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63631902

Published

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

K.S. v. E.S.

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

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60247154

Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60307040

Published

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

Jrb v. Jlb

85 So. 3d 1167, 2012 WL 1192176

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 2411503

Published

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

Harrier v. Warmke

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

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64831350

Published

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

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

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

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 64806561

Published

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