Florida Statute 751.03 - 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. 751.03

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.

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Amendments to 751.03

Annotations, Discussions, Cases:

Cases Citing Statute 751.03

Total Results: 11

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

271 So. 3d 870

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119865

Cited 4 times | Published

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

Mendez v. Mendez Lopez

271 So. 3d 72

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

Cited 1 times | Published

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

Slowinski v. Sweeney

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

District Court of Appeal of Florida | Filed: Jun 27, 2013 | Docket: 60232772

Cited 1 times | Published

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

Wright v. Tribble

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 8454708

Published

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

Christopher Morris v. Sean Morris

255 So. 3d 908

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379304

Published

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

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

petition. She notes the current version of section 751.03, Florida Statutes, now requires a copy of the

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

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

Jrb v. Jlb

85 So. 3d 1167, 2012 WL 1192176

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

Published

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

In Re Amm

63 So. 3d 910, 2011 WL 2462959

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 2363742

Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60301203

Published

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

Landinguin v. Carneal

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

District Court of Appeal of Florida | Filed: Feb 6, 2003 | Docket: 64820719

Published

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