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: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

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

Melissa Jean Thomas v. Henrithson Joseph

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-18T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2019-08-09T00:53:00-07:00

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

Mendez v. Mendez Lopez

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-06T00:00:00-08:00

Citation: 271 So. 3d 72

Snippet: the parents have consented to custody. Section 751.05 requires the trial court to conduct a hearing on…testimony of the child’s parents, if present.” § 751.05(1), Fla. Stat. (2017). It further provides that…if it is in the best interest of the child.” § 751.05(2), Fla. Stat. (2017). The section also provides…defined in chapter 39, Florida Statutes (2017). § 751.05(3)(a)-(b). Because the petition in the underlying

Wright v. Tribble

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-25T23:53:00-08:00

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: Fla. | Date Filed: 2018-11-01T00:00:00-07:00

Citation: 271 So. 3d 870

Snippet: objects to the granting of temporary custody. § 751.05(3), Fla. Stat. (2006). The purpose of this procedure…member as the child's guardian. See generally § 751.05, Fla. Stat. (2006). The version of the statute

Christopher Morris v. Sean Morris

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-30T00:53:00-07:00

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

Tata v. Tata

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

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 …change the temporary custody, pursuant to section 751.05(6), Florida Statutes (2008). This subsection applies…criteria apply to petitions to change custody. § 751.05(6), *938Fla. Stat. (2008). This was a motion to

Ashley Williams v. Charles Harrison Burgess

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-26T00:00:00-07:00

Citation: 164 So. 3d 137

Snippet: the movant-mother, Ashley Williams, was fit. § 751.05(6), Fla. Stat. Because the record supports the

Seilkop v. Barker

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-29T00:00:00-07:00

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

Snippet: issue as those concepts are legally defined. § 751.05(3)(b), Fla. Stat. (“In determining that a parent…be sustainable under a best interest standard. § 751.05, Fla. Stat. (modification of an order granting … good reasons, if the parent is deemed “fit.” § 751.05(6), Fla. Stat. (“court shall terminate the [temporary

K.S. v. E.S.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-06T00:00:00-07:00

Citation: 161 So. 3d 456

Snippet: parents of the minor child to notice, and section 751.05 contemplates an evidentiary hearing on the petition…process, either personal or constructive.” Section 751.05(1) provides: "At the hearing on the petition

In Re Amm

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-22T00:53:00-07:00

Citation: 63 So. 3d 910

Snippet: objected to the temporary custody petition. Section 751.05 provides, in pertinent part: (1) At the hearing…to the grandmother was facially erroneous. See § 751.05(3); K.N.B. v. M.C., 779 So.2d 508, 512 n. 5 (Fla…court failed to make findings required by section 751.05"). Finally, the mother has alleged to us that…to visitation with her child even though section 751.05(4) provides that "[t]he order granting temporary

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-22T00:00:00-07:00

Citation: 63 So. 3d 910

Snippet: objected to the temporary custody petition. Section 751.05 provides, in pertinent part: (1) At the hearing…to the grandmother was facially erroneous. See § 751.05(3); K.N.B. v. M.C., 779 So.2d 508, 512 n. 5 (Fla…court failed to make findings required by section 751.05”). Finally, the mother has alleged to us that she…to visitation with her child even though section 751.05(4) provides that “[t]he order granting temporary

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2011-04-07T00:00:00-07:00

Citation: 60 So. 3d 979

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: Fla. Dist. Ct. App. | Date Filed: 2009-05-29T00:00:00-07:00

Citation: 12 So. 3d 280

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

Db v. Wjp

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-20T00:53:00-07:00

Citation: 962 So. 2d 949

Snippet: sections 751.05(4) and (5); and (4) the court failed to make findings required by section 751.05. The grandmother…order pursuant to Chapter 751. Further, section 751.05 states in pertinent part: (1) At the hearing on…952 court finds the parent is a fit parent. See § 751.05(7). Id. at 511-12 (emphasis added). Based on the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-20T00:00:00-07:00

Citation: 962 So. 2d 949

Snippet: sections 751.05(4) and (5); and (4) the court failed to make findings required by section 751.05. The grandmother…order pursuant to Chapter 751. Further, section 751.05 states in pertinent part: (1) At the hearing on…952court finds the parent is a fit parent. See § 751.05(7). . Because of our reversal on other grounds

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

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-20T00:00:00-08:00

Citation: 946 So. 2d 58

Snippet: temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005). The issue presented… appellees had abandoned J. pursuant to section 751.05(3),, Florida Statutes (2005). Because of time constraints…appellees were “unfit” parents pursuant to section 751.05(3), Florida Statutes (2005), as alleged by the

An v. MF-A.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-19T23:53:00-08:00

Citation: 946 So. 2d 58

Snippet: temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005). The issue presented… appellees had abandoned J. pursuant to section 751.05(3), Florida Statutes (2005). Because of time constraints…were "unfit" parents pursuant to section 751.05(3), Florida Statutes (2005), as alleged by the

Landinguin v. Carneal

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-06T00:00:00-08:00

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…parent must show that the parent is unfit. See § 751.05(3). In other words, the grandparents must satisfy…suggested they could show “abandonment.” While section 751.05(1) provides for an evidentiary hearing on the issue