Florida Statutes
Fla. Stat. § 751.02 (2025)
Temporary or concurrent custody proceedings; jurisdiction.
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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.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 2001–2024 · leading case: Hammond v. Howard, 828 So. 2d 476 (Fla. 5th DCA 2002).
Hammond v. Howard, 828 So. 2d 476 (Fla. 5th DCA 2002). “See § 751.02, Fla. Stat. (2001). Kristy's whereabouts were unknown at this timeshe had disappeared after being released from jail in November 1997.”
Tata v. Tata, 207 So. 3d 933 (Fla. 4th DCA 2016). “But, section 751.02 governs who may bring a petition; it does not address proceedings in which notice and opportunity to be heard are denied.”
In Re Temp. Custody of LM, 788 So. 2d 1114 (Fla. 2d DCA 2001). “See § 751.02, Fla.Stat. (1999). If a parent objects to such a custody order, the relative must prove that the parent is "unfit" by clear and convincing evidence.”
T.M.M. v. H.M.C., 788 So. 2d 1114 (Fla. 2d DCA 2001). “See § 751.02, Fla.Stat. (1999). If a parent objects to such a custody order, the relative must prove that the parent is “unfit” by clear and convincing evidence.”
Mendez v. Mendez Lopez, 271 So. 3d 72 (Fla. 3d DCA 2019). “Section 751.02 provides that any extended family member who has the signed, notarized consent of the child’s legal parents or who is caring 2 full time for the child in the role of substitute parent, and with whom the child is living, may bring a proceeding in the circuit court…”
J.R.B. v. J.L.B., 85 So. 3d 1167 (Fla. 4th DCA 2012). “Section 751.02, however, limits such petitions, in the absence of parental consent, to an “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.”
Harrier v. Warmke, 876 So. 2d 603 (Fla. 2d DCA 2004). “The Mother stated that to her knowledge, the agreement had not been submitted to a circuit court as a petition for temporary custody of a minor child, see § 751.02, Fla. Stat. (2003), and no order had been entered granting the Warmkes custody of the child.”
K.D. v. In Re: in the Interest of P.p., R.p., & L.P. (Fla. 3d DCA 2022). “Specifically, section 751.02(1)(b), Florida Statutes, limits such petitions to an “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.”
Jrb v. Jlb, 85 So. 3d 1167 (Fla. 4th DCA 2012). “Section 751.02, however, limits such petitions, in the absence of parental consent, to an "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.”
K.S. v. E.S., 161 So. 3d 456 (Fla. 5th DCA 2014). “The case was initiated by Appellees when they filed a petition for temporary custody by extended family pursuant to section 751.02, Florida Statutes. The factual and procedural history of the ease is tortured, and our record seems to be incomplete.”
Yolando Green v. Sharon Farmer (Fla. 4th DCA 2023). “” § 751.02(1)(a)–(b), Fla. Stat. (2022). Farmer filed a petition for temporary custody and was awarded temporary custody.”
Burgos v. Sequeira, Vargas (Fla. 2d DCA 2024). “The initial trial court granted the Aunt temporary custody of the minor child based on the parents' consents pursuant to section 751.02(1)(a). Notwithstanding that the order stated it was subject to modification, the Aunt, as the petitioner in this child custody proceeding who…”
— 751.02(1) — 1 case
Tata v. Tata, 207 So. 3d 933 (Fla. 4th DCA 2016). “But, section 751.02 governs who may bring a petition; it does not address proceedings in which notice and opportunity to be heard are denied.”
— 751.02(1)(a) — 3 cases
Yolando Green v. Sharon Farmer (Fla. 4th DCA 2023). “” § 751.02(1)(a)–(b), Fla. Stat. (2022). Farmer filed a petition for temporary custody and was awarded temporary custody.”
Burgos v. Sequeira, Vargas (Fla. 2d DCA 2024). “The initial trial court granted the Aunt temporary custody of the minor child based on the parents' consents pursuant to section 751.02(1)(a). Notwithstanding that the order stated it was subject to modification, the Aunt, as the petitioner in this child custody proceeding who…”
Jrb v. Jlb, 85 So. 3d 1167 (Fla. 4th DCA 2012). “Section 751.02, however, limits such petitions, in the absence of parental consent, to an "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.”
— 751.02(1)(b) — 2 cases
K.D. v. In Re: in the Interest of P.p., R.p., & L.P. (Fla. 3d DCA 2022). “Specifically, section 751.02(1)(b), Florida Statutes, limits such petitions to an “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.”
Jrb v. Jlb, 85 So. 3d 1167 (Fla. 4th DCA 2012). “Section 751.02, however, limits such petitions, in the absence of parental consent, to an "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.”
— 751.02(l)(a) — 1 case
J.R.B. v. J.L.B., 85 So. 3d 1167 (Fla. 4th DCA 2012). “Section 751.02, however, limits such petitions, in the absence of parental consent, to an “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.”
— 751.02(l)(b) — 1 case
J.R.B. v. J.L.B., 85 So. 3d 1167 (Fla. 4th DCA 2012). “Section 751.02, however, limits such petitions, in the absence of parental consent, to an “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.”
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