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The 2025 Florida Statutes
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F.S. 751.05751.05 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 751.05
Total Results: 26
946 So. 2d 58, 2006 WL 3734341
District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1771935
Cited 5 times | Published
temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005). The issue presented
271 So. 3d 870
Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119865
Cited 4 times | Published
objects to the granting of temporary custody. § 751.05(3), Fla. Stat. (2006). The purpose of this procedure
828 So. 2d 476, 2002 WL 31322570
District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 430016
Cited 4 times | Published
the parental preference rule when it enacted section 751.05(7), Florida Statutes, which specifically provides
788 So. 2d 1114, 2001 WL 753866
District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 1286768
Cited 4 times | Published
"unfit" by clear and convincing evidence. See § 751.05(3), Glockson v. Manna, 711 So.2d 1332 (Fla. 2d
779 So. 2d 508, 2000 WL 1800557
District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 2540242
Cited 4 times | Published
the court finds the parent is a fit parent. See § 751.05(7).
[6] No one argues that the father is unfit
711 So. 2d 1332, 1998 WL 299361
District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1337867
Cited 4 times | Published
and that he affirmatively objected to it. Section 751.05(3) specifies that an award of temporary custody
271 So. 3d 72
District Court of Appeal of Florida | Filed: Feb 6, 2019 | Docket: 14536982
Cited 1 times | Published
because the parents have consented to custody. Section
751.05 requires the trial court to conduct a hearing
148 So. 3d 865, 2014 Fla. App. LEXIS 17661, 2014 WL 5462419
District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60243642
Cited 1 times | Published
now in a position to meet her son’s needs. See § 751.05(6), Fla. Stat. (2018). The Barkers objected to
962 So. 2d 949, 2007 WL 2066163
District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1519124
Cited 1 times | Published
custody order pursuant to Chapter 751. Further, section 751.05 states in pertinent part:
(1) At the hearing
District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162688
Published
parties subject to supervised timesharing. See § 751.05(3),
Fla. Stat. (2022). Thereafter, the mother
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211728
Published
be sheltered in the custody of a non-
parent); § 751.05, Fla. Stat. (2019) (allowing a non-parent to be
District Court of Appeal of Florida | Filed: Aug 9, 2019 | Docket: 16037352
Published
the maternal grandmother (the Grandmother). See §
751.05(6), Fla. Stat. (2015). While the Grandmother had
District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 8454708
Published
So.
2d 525, 527 (Fla. 4th DCA 2003) (quoting § 751.05(3), Fla. Stat. (2001)) (“where
one parent objects
255 So. 3d 908
District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379304
Published
custody under
chapter 751, Florida Statutes. Section 751.05(3)(b), governs a
temporary custody request
255 So. 3d 908
District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379304
Published
custody under
chapter 751, Florida Statutes. Section 751.05(3)(b), governs a
temporary custody request
207 So. 3d 933, 2016 Fla. App. LEXIS 16762
District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63631902
Published
to change the temporary custody, pursuant to section 751.05(6), Florida Statutes (2008). This subsection
164 So. 3d 137
District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659816
Published
was not fit at this time to have custody. See § 751.05(6), Fla. Stat. (2013) (“At any
time, either or
161 So. 3d 456, 2014 WL 2566240, 2014 Fla. App. LEXIS 8594
District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60247154
Published
the parents of the minor child to notice, and section 751.05 contemplates an evidentiary hearing on the
63 So. 3d 910, 2011 Fla. App. LEXIS 9598
District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60301203
Published
objected to the temporary custody petition. Section 751.05 provides, in pertinent part:
(1) At the hearing
63 So. 3d 910, 2011 WL 2462959
District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 2363742
Published
objected to the temporary custody petition. Section 751.05 provides, in pertinent part:
(1) At the hearing
12 So. 3d 280, 2009 Fla. App. LEXIS 6559, 2009 WL 1490829
District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 2532251
Published
convincing standard, when reviewing the evidence. See § 751.05(3), Fla. Stat. (2008) ("If one of the minor child's
962 So. 2d 949, 2007 Fla. App. LEXIS 11000
District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 64851816
Published
custody order pursuant to Chapter 751. Further, section 751.05 states in pertinent part:
(1) At the hearing
946 So. 2d 58, 2006 Fla. App. LEXIS 21307
District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 64848508
Published
temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005). The issue presented
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
neglected the child, as defined in chapter 39.
§ 751.05(3), Fla. Stat. (2001) (emphasis added).
In Richardson
788 So. 2d 1114, 2001 Fla. App. LEXIS 9209
District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 64806561
Published
“unfit” by clear and convincing evidence. See § 751.05(3), Glockson v. Manna, 711 So.2d 1332 (Fla. 2d
779 So. 2d 508, 2000 Fla. App. LEXIS 15998
District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 64804185
Published
the court finds the parent is a fit parent. See § 751.05(7).
. No one argues that the father is unfit
