751.03
Petition for temporary or concurrent custody; contents.
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751.03 Petition for temporary or concurrent custody; contents.—Each petition for temporary or concurrent custody of a minor child must be verified by the petitioner, who must be an extended family member, and must contain statements, to the best of the petitioner’s knowledge and belief, providing:
(1) The name, date of birth, and current address of the child.
(2) The names and current addresses of the child’s parents.
(3) The names and current addresses of the persons with whom the child has lived during the past 5 years.
(4) The places where the child has lived during the past 5 years.
(5) Information concerning any custody proceeding in this or any other state with respect to the child.
(6) The residence and post office address of the petitioner.
(7) The petitioner’s relationship to the child.
(8) If concurrent custody is being requested:
(a) The time periods during the last 12 months that the child resided with the petitioner;
(b) The type of document, if any, provided by the parent or parents to enable the petitioner to act on behalf of the child;
(c) The services or actions that the petitioner is unable to obtain or undertake without an order of custody; and
(d) Whether each parent has consented in writing to the entry of an order of concurrent custody.
A copy of the written consent and any documents provided by the parent to assist the petitioner in obtaining services must be attached to the petition.
(9) If temporary custody is being requested, the consent of the child’s parents, or the specific acts or omissions of the parents which demonstrate that the parents have abused, abandoned, or neglected the child as defined in chapter 39.
(10) Any temporary or permanent orders for child support, the court entering the order, and the case number.
(11) Any temporary or permanent order for protection entered on behalf of or against either parent, the petitioner, or the child; the court entering the order; and the case number.
(12) That it is in the best interest of the child for the petitioner to have custody of the child.
(13) The period of time for which the petitioner is requesting temporary custody, including a statement of the reasons supporting that request.
(14) Any other provisions that are related to the best interest of the child, including, but not limited to, a reasonable plan for transitioning custody.
History.—s. 4, ch. 93-104; s. 4, ch. 2006-167; s. 5, ch. 2010-30; s. 4, ch. 2020-146.
Notes of Decisions
Cited in 10
cases, 2003–2019 · leading case: D.H. v. Adept Community Services, Inc.
D.H. v. Adept Community Services, Inc. (2018)
“§ 751.03, Fla. Stat. (2006). This chapter also requires a court to determine by clear and convincing evidence “that the parent has abused, abandoned, or neglected the child, as defined in chapter 39,” if the parent objects to the granting of temporary custody.”
Slowinski v. Sweeney (2013)
“Upon the mother’s death in September 2008, the child’s maternal grandmother filed her petition for temporary custody, pursuant to section 751.03, Florida Statutes, on September 15, 2008.”
Mendez v. Mendez Lopez (2019)
“Finally, section 751.03 establishes the required contents of a petition for temporary or concurrent custody.”
Tata v. Tata (2016)
“She notes the current version of section 751.03, Florida Statutes, now requires a copy of the par-entis)’ consent be attached to the petition, but the 2008 version did not.”
Landinguin v. Carneal (2003)
“On July 25, 2002, the grandparents filed a petition for temporary custody of the child pursuant to section 751.03, Florida Statutes (2001), which allows extended family members to seek temporary custody of minor children.”
J.R.B. v. J.L.B. (2012)
“On August 16, 2011, the grandparents filed an emergency petition for temporary custody of their two minor grandchildren pursuant to section 751.03, Florida Statutes (2011), which allows extended family members to seek temporary custody of minor children.”
D.M.M. v. J.M.M. (2011)
“See § 751.03(4). The UCCJEA affidavit recounted that between May 1999 and October 2009, the child had resided with her mother, father, and grandmother at the Fourth Avenue address but that, in the weeks between October 2009 and the date of the affidavit in December 2009, the…”
In Re Amm (2011)
“See § 751.03(4). The UCCJEA affidavit recounted that between May 1999 and October 2009, the child had resided with her mother, father, and grandmother at the Fourth Avenue address but that, in the weeks between October 2009 and the date of the affidavit in December 2009, the…”
Christopher Morris v. Sean Morris (2018)
“He argues the trial court applied the incorrect legal standard for the determination of a contested petition for temporary custody by an extended family member under to section 751.03, Florida Statutes (2016). Because we agree, the order on appeal is reversed and the matter is…”
Jrb v. Jlb (2012)
“On August 16, 2011, the grandparents filed an emergency petition for temporary custody of their two minor grandchildren pursuant to section 751.03, Florida Statutes (2011), which allows extended family members to seek temporary custody of minor children.”
— 751.03(4) — 2 cases
D.M.M. v. J.M.M. (2011)
“See § 751.03(4). The UCCJEA affidavit recounted that between May 1999 and October 2009, the child had resided with her mother, father, and grandmother at the Fourth Avenue address but that, in the weeks between October 2009 and the date of the affidavit in December 2009, the…”
In Re Amm (2011)
“See § 751.03(4). The UCCJEA affidavit recounted that between May 1999 and October 2009, the child had resided with her mother, father, and grandmother at the Fourth Avenue address but that, in the weeks between October 2009 and the date of the affidavit in December 2009, the…”
— 751.03(8) — 3 cases
Slowinski v. Sweeney (2013)
“Upon the mother’s death in September 2008, the child’s maternal grandmother filed her petition for temporary custody, pursuant to section 751.03, Florida Statutes, on September 15, 2008.”
D.M.M. v. J.M.M. (2011)
“See § 751.03(4). The UCCJEA affidavit recounted that between May 1999 and October 2009, the child had resided with her mother, father, and grandmother at the Fourth Avenue address but that, in the weeks between October 2009 and the date of the affidavit in December 2009, the…”
In Re Amm (2011)
“See § 751.03(4). The UCCJEA affidavit recounted that between May 1999 and October 2009, the child had resided with her mother, father, and grandmother at the Fourth Avenue address but that, in the weeks between October 2009 and the date of the affidavit in December 2009, the…”
— 751.03(9) — 2 cases
J.R.B. v. J.L.B. (2012)
“On August 16, 2011, the grandparents filed an emergency petition for temporary custody of their two minor grandchildren pursuant to section 751.03, Florida Statutes (2011), which allows extended family members to seek temporary custody of minor children.”
Jrb v. Jlb (2012)
“On August 16, 2011, the grandparents filed an emergency petition for temporary custody of their two minor grandchildren pursuant to section 751.03, Florida Statutes (2011), which allows extended family members to seek temporary custody of minor children.”
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