Florida Statute 751.05 | 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. 751.05

751.05 Order granting temporary or concurrent custody.—

(1) At the hearing on the petition for temporary or concurrent custody, the court must hear the evidence concerning a minor child’s need for care by the petitioner, all other matters required to be set forth in the petition, and the objections or other testimony of the child’s parents, if present.

(2) Unless the minor child’s parents object, the court shall award temporary or concurrent custody of the child to the petitioner if it is in the best interest of the child.

(3) If one of the minor child’s parents objects to:

(a) The petition for concurrent custody, in writing, the court may not grant the petition even if the other parent consents, in writing, to the entry of the order. The court shall give the petitioner the option of converting the petition to a petition for temporary custody. If the petitioner so elects, the court shall set the matter for further hearing, provide notice to the parent or parents, and proceed pursuant to paragraph (b). If the petition is not converted into a petition for temporary custody, it shall be dismissed without prejudice.

(b) The petition for temporary custody, the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child’s parent or parents are unfit to provide for the care and control of the child. In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in chapter 39.

(4) The order granting:

(a) Concurrent custody of the minor child may not eliminate or diminish the custodial rights of the child’s parent or parents. The order must expressly state that the grant of custody does not affect the ability of the child’s parent or parents to obtain physical custody of the child at any time, except that the court may approve provisions requested in the petition which are related to the best interest of the child, including a reasonable transition plan that provides for a return of custody back to the child’s parent or parents.

(b) Temporary custody of the minor child to the petitioner may include provisions requested in the petition which are related to the best interest of the child, including a reasonable transition plan that provides for a return of custody back to the parent or parents, and may also grant visitation rights to the child’s parent or parents, if it is in the best interest of the child.

(5) The order granting temporary or concurrent custody of the minor child to the petitioner:

(a) May not include an order for the support of the child unless the parent has received personal or substituted service of process, the petition requests an order for the support of the child, and there is evidence of the parent’s ability to pay the support ordered.

(b) May redirect all or part of an existing child support obligation to be paid to the extended family member who is granted temporary or concurrent custody of the child. If the court redirects an existing child support obligation, the order granting temporary or concurrent custody must include, if possible, the determination of arrearages owed to the obligee and the person awarded temporary or concurrent custody and must order payment of the arrearages. The clerk of the circuit court in which the order is entered shall transmit a certified copy to the court originally entering the child support order. The temporary or concurrent custody order shall be recorded and filed in the original action in which child support was determined and become a part thereof. A copy of the temporary or concurrent custody order shall also be filed with the depository that serves as the official recordkeeper for support payments due under the support order. The depository must maintain separate accounts and separate account numbers for individual obligees.

(6) At any time, either or both of the child’s parents may petition the court to modify or terminate the order granting temporary custody.

(a) The court may modify an order granting temporary custody if the parties consent or if modification is in the best interest of the child.

(b) The court shall terminate the order upon a finding that the parent is a fit parent, or by consent of the parties, except that the court may require the parties to comply with provisions approved in the order which are related to a reasonable plan for transitioning custody before terminating the order.

(c) If the order granting temporary custody was entered after a finding that the child’s parent or parents are unfit and the child has been in the temporary custody of an extended family member for a period of time the court determines to be significant, the court may, on its own motion, establish reasonable conditions, which are in the best interests of the child, for transitioning the child back to the custody of the child’s parent or parents. In determining such reasonable conditions, the court shall consider all of the following:

1. The length of time the child lived or resided with the extended family member.

2. The child’s developmental stage.

3. The length of time reasonably needed to complete the transition.

(7) At any time, the petitioner or either or both of the child’s parents may move the court to terminate the order granting concurrent custody.

(a) The court shall terminate the order upon a finding that either or both of the child’s parents object to the order, except that the court may require the parties to comply with provisions approved in the order which are related to a reasonable plan for transitioning custody before terminating the order.

(b) The fact that an order for concurrent custody has been terminated does not preclude any person who is otherwise eligible to petition for temporary custody from filing such petition.

(8) At any time, the petitioner or either or both of the child’s parents may move the court to modify the existing child support order pursuant to chapter 61. The court may modify an existing order granting child support if the parties consent and if modification is in the best interest of the child. Any order modifying child support in a concurrent custody proceeding shall be copied and placed in the related family court files.

History.—s. 6, ch. 93-104; s. 5, ch. 2006-167; s. 7, ch. 2010-30; s. 5, ch. 2020-146.

F.S. 751.05 on Google Scholar

F.S. 751.05 on Casetext

Amendments to 751.05

Arrestable Offenses / Crimes under Fla. Stat. 751.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 751.05.

Annotations, Discussions, Cases:

Cases Citing Statute 751.05

Total Results: 20

BARRY SCHNEER v. ALICE LLAURADO

Court: District Court of Appeal of Florida | Date Filed: 2022-03-16

Snippet: parties subject to supervised timesharing. See § 751.05(3), Fla. Stat. (2022). Thereafter, the mother

Melissa Jean Thomas v. Henrithson Joseph

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: be sheltered in the custody of a non- parent); § 751.05, Fla. Stat. (2019) (allowing a non-parent to be

WILLIAM BECK v. CAROL HOWARD

Court: District Court of Appeal of Florida | Date Filed: 2019-08-09

Snippet: maternal grandmother (the Grandmother). See § 751.05(6), Fla. Stat. (2015). While the Grandmother had

Mendez v. Mendez Lopez

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

Citation: 271 So. 3d 72

Snippet: the parents have consented to custody. Section 751.05 requires the trial court to conduct a hearing on

Wright v. Tribble

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

Snippet: So. 2d 525, 527 (Fla. 4th DCA 2003) (quoting § 751.05(3), Fla. Stat. (2001)) (“where one parent objects

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

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

Citation: 271 So. 3d 870

Snippet: objects to the granting of temporary custody. § 751.05(3), Fla. Stat. (2006). The purpose of this procedure

Christopher Morris v. Sean Morris

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

Citation: 255 So. 3d 908

Snippet: custody under chapter 751, Florida Statutes. Section 751.05(3)(b), governs a temporary custody request by an

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: any decree is made under sections 751.01 through 751.05. The trial *937court found both notice and the

Ashley Williams v. Charles Harrison Burgess

Court: District Court of Appeal of Florida | Date Filed: 2015-05-26

Citation: 164 So. 3d 137

Snippet: was not fit at this time to have custody. See § 751.05(6), Fla. Stat. (2013) (“At any time, either or

Seilkop v. Barker

Court: District Court of Appeal of Florida | Date Filed: 2014-10-29

Citation: 148 So. 3d 865, 2014 Fla. App. LEXIS 17661, 2014 WL 5462419

Snippet: now in a position to meet her son’s needs. See § 751.05(6), Fla. Stat. (2018). The Barkers objected to

K.S. v. E.S.

Court: District Court of Appeal of Florida | Date Filed: 2014-06-06

Citation: 161 So. 3d 456, 2014 WL 2566240, 2014 Fla. App. LEXIS 8594

Snippet: parents of the minor child to notice, and section 751.05 contemplates an evidentiary hearing on the petition

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: objected to the temporary custody petition. Section 751.05 provides, in pertinent part: (1) At the hearing

In Re Amm

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

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

Snippet: objected to the temporary custody petition. Section 751.05 provides, in pertinent part: (1) At the hearing

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

Dubois v. Leon

Court: District Court of Appeal of Florida | Date Filed: 2009-05-29

Citation: 12 So. 3d 280, 2009 Fla. App. LEXIS 6559, 2009 WL 1490829

Snippet: convincing standard, when reviewing the evidence. See § 751.05(3), Fla. Stat. (2008) ("If one of the minor child's

D.B. v. W.J.P.

Court: District Court of Appeal of Florida | Date Filed: 2007-07-20

Citation: 962 So. 2d 949, 2007 Fla. App. LEXIS 11000

Snippet: order pursuant to Chapter 751. Further, section 751.05 states in pertinent part: (1) At the hearing on

Db v. Wjp

Court: District Court of Appeal of Florida | Date Filed: 2007-07-20

Citation: 962 So. 2d 949, 2007 WL 2066163

Snippet: order pursuant to Chapter 751. Further, section 751.05 states in pertinent part: (1) At the hearing on

A.N. v. M.F.-A.

Court: District Court of Appeal of Florida | Date Filed: 2006-12-20

Citation: 946 So. 2d 58, 2006 Fla. App. LEXIS 21307

Snippet: temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005). The issue presented

An v. MF-A.

Court: District Court of Appeal of Florida | Date Filed: 2006-12-20

Citation: 946 So. 2d 58, 2006 WL 3734341

Snippet: temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005). The issue presented

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: neglected the child, as defined in chapter 39. § 751.05(3), Fla. Stat. (2001) (emphasis added). In Richardson