Florida Statute 751.03 | 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. 751.03

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;

(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.

F.S. 751.03 on Google Scholar

F.S. 751.03 on Casetext

Amendments to 751.03

Arrestable Offenses / Crimes under Fla. Stat. 751.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 751.03.

Annotations, Discussions, Cases:

Cases Citing Statute 751.03

Total Results: 17

Mendez v. Mendez Lopez

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

Citation: 271 So. 3d 72

Snippet: concurrent custody of the minor child. Finally, section 751.03 establishes the required contents of a petition

Wright v. Tribble

Court: District Court of Appeal of Florida | Date Filed: 2018-12-26

Snippet: neglected the child as defined in chapter 39,” § 751.03(9), Fla. Stat. (2011), we affirm the trial court’s

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

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

Citation: 271 So. 3d 870

Snippet: petition a court to award temporary custody. § 751.03, Fla. Stat. (2006). This chapter also requires

Christopher Morris v. Sean Morris

Court: District Court of Appeal of Florida | Date Filed: 2018-04-30

Citation: 255 So. 3d 908

Snippet: custody by an extended family member under to section 751.03, Florida Statutes (2016). Because we agree, the

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: petition. She notes the current version of section 751.03, Florida Statutes, now requires a copy of the par-entis)’

Slowinski v. Sweeney

Court: District Court of Appeal of Florida | Date Filed: 2013-06-27

Citation: 117 So. 3d 73, 2013 WL 3215232, 2013 Fla. App. LEXIS 10236

Snippet: petition for temporary custody, pursuant to section 751.03, Florida Statutes, on September 15, 2008. Bradberry

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: their two minor grandchildren pursuant to section 751.03, Florida Statutes (2011), which allows extended

Jrb v. Jlb

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

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

Snippet: their two minor grandchildren pursuant to section 751.03, Florida Statutes (2011), which allows extended

D.M.M. v. J.M.M.

Court: District Court of Appeal of Florida | Date Filed: 2011-06-22

Citation: 63 So. 3d 910, 2011 Fla. App. LEXIS 9598

Snippet: and Authorization for Medical Treatment.” See § 751.03(8).1 The petition stated that the child’s mother

In Re Amm

Court: District Court of Appeal of Florida | Date Filed: 2011-06-22

Citation: 63 So. 3d 910, 2011 WL 2462959

Snippet: and Authorization for Medical Treatment." See § 751.03(8).[1] The petition stated that the child's mother

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

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: temporary custody of the child pursuant to section 751.03, Florida Statutes (2001), which allows extended

In Re Graziano

Court: Supreme Court of Florida | Date Filed: 1997-05-30

Citation: 696 So. 2d 744

Snippet: member of the JQC.[4]See Fla. Jud. Qual. Comm'n R. *751 3(b) (in any matter within JQC's jurisdiction requiring

Snippet: concur. NOTES [1] Jefferies v. Jefferies, 133 So.2d 751 (3 Fla.App. 1961).

State Ex Rel. Keefe v. City of St. Petersburg

Court: Supreme Court of Florida | Date Filed: 1933-01-02

Citation: 144 So. 313, 106 Fla. 742

Snippet: pursuant to Section 3054 C. G. L., and that Zone *Page 751 3 of the City consists of that certain additional

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