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Florida Statute 751.03 - Full Text and Legal Analysis
Florida Statute 751.03 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 751.03 Case Law from Google Scholar Google Search for Amendments to 751.03

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 751
TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY
View Entire Chapter
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.

F.S. 751.03 on Google Scholar

F.S. 751.03 on CourtListener

Amendments to 751.03


Annotations, Discussions, Cases:

Cases Citing Statute 751.03

Total Results: 11  |  Sort by: Relevance  |  Newest First

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D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018).

Cited 4 times | Published | Supreme Court of Florida

...Although the Twins were placed in the Grandparents' temporary custody as a result of a dependency petition under chapter 39, Florida Statutes (2006), it is worthy of note that chapter 751, Florida Statutes (2006), allows the extended family of a minor to petition a court to award temporary custody. § 751.03, Fla....
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Slowinski v. Sweeney, 117 So. 3d 73 (Fla. 1st DCA 2013).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 3215232, 2013 Fla. App. LEXIS 10236

...any of the applicable legal procedures. §§ 39.801, et seq., Fla. Stat.; see also §§ 63.087, 742.18, Fla. Stat. 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....
...Slowinski, Case No.2008 DR 001829 (4th Jud. Cir. Clay Cnty.). John Slowinski, the child’s parent as defined in sections 39.01(49), 61.13001(1)(d) and 63.062(1)(b)1., Florida Statutes, executed his consent and that consent was attached to the petition. § 751.03(8)-(9), Fla....
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Mendez v. Mendez Lopez, 271 So. 3d 72 (Fla. 4th DCA 2019).

Cited 1 times | Published | Florida 4th District Court of Appeal

concurrent custody of the minor child. Finally, section 751.03 establishes the required contents of a petition
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Tata v. Tata, 207 So. 3d 933 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16762

...The trial *937 court found both notice and the opportunity to be heard were denied to the father. Third, the maternal grandmother argues the trial court erred in granting relief based on the failure to attach the written consent to her petition. 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....
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In Re Amm, 63 So. 3d 910 (Fla. 2d DCA 2011).

Published | Florida 2nd District Court of Appeal | 2011 WL 2462959

...sed. In January 2010, the grandmother filed a sworn petition for temporary custody of A.M.M., alleging that the child's father had signed a document entitled "Consent to Have Legal Custody of Minor Child and Authorization for Medical Treatment." See § 751.03(8)....
...with the petition was the grandmother's Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit reflecting that the child's residence for the previous five years had been at the grandmother's address on Fourth Avenue in Tampa. See § 751.03(4)....
...The mother's default notwithstanding, it remained the grandmother's burden to plead and prove that she should be awarded temporary custody under chapter 751. As mentioned, the petition acknowledged that the mother did not consent to placing temporary custody of her child with the grandmother. Section 751.03(8) requires that a petition for temporary custody allege "[t]he 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 defin...
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D.M.M. v. J.M.M., 63 So. 3d 910 (Fla. 2d DCA 2011).

Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 9598

...In January 2010, the grandmother filed a sworn petition for temporary custody of A.M.M., alleging that the child’s father had signed a document entitled “Consent to Have Legal Custody of Minor Child and Authorization for Medical Treatment.” See § 751.03(8)....
...he petition was the grandmother’s Uniform Child Custody Jurisdiction and Enforcement Act (UC-CJEA) affidavit reflecting that the child’s residence for the previous five years had been at the grandmother’s address on Fourth Avenue in Tampa. See § 751.03(4)....
...The mother’s default notwithstanding, it remained the grandmother’s burden to plead and prove that she should be awarded temporary custody under chapter 751. As mentioned, the petition acknowledged that the mother did not consent to placing temporary custody of her child with the grandmother. Section 751.03(8) requires that a petition for temporary custody allege “[t]he 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...
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Landinguin v. Carneal, 837 So. 2d 525 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1237, 2003 WL 253301

...heir petition for temporary custody. Because the sworn allegations and affidavits were insufficient to grant the temporary custody orders, we reverse. 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....
...ng the petition and affidavits were legally insufficient to grant custody to the grandparents. A temporarily assigned judge denied the motion and re *527 turned the motion to the regular assigned judge for an evidentiary hearing. Sections 751.02 and 751.03 provide a mechanism for family members to provide for the welfare of minor children by obtaining temporary custody of the children when parents are unable to do so without the intervention of the state....
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Wright v. Tribble (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

neglected the child as defined in chapter 39,” § 751.03(9), Fla. Stat. (2011), we affirm the trial court’s
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Christopher Morris v. Sean Morris, 255 So. 3d 908 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

...custody of the minor child to the step-father and denying his Emergency Verified Motion for Pick-Up Order. 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 remanded to the trial court for further action consistent with this opinion. Following the tragic and unexpected death of the biological mother, the step-father filed a Petition for Ex Parte Emergency Custody by Extended Family Member pursuant to section 751.03. In response, the father filed an Emergency Verified Motion for Child Pick-up Order and challenged the temporary custody request of the step-father....
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J.R.B. v. J.L.B., 85 So. 3d 1167 (Fla. 4th DCA 2012).

Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 5575

...The trial court granted the grandparents’ contempt motion and or *1168 dered make-up visitation from June 20 until August 19, 2011. 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....
...Chapter 751 permits grandparents (as extended family members) to seek temporary custody of a minor child without the parents’ consent by demonstrating “that the parents have abused, abandoned, or neglected the child as defined in chapter 39.” § 751.03(9), Fla....
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Jrb v. Jlb, 85 So. 3d 1167 (Fla. 4th DCA 2012).

Published | Florida 4th District Court of Appeal | 2012 WL 1192176

...The trial court granted the grandparents' contempt motion and ordered *1168 make-up visitation from June 20 until August 19, 2011. 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....
...4th DCA 2009). Chapter 751 permits grandparents (as extended family members) to seek temporary custody of a minor child without the parents' consent by demonstrating "that the parents have abused, abandoned, or neglected the child as defined in chapter 39." § 751.03(9), Fla....

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