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;

Terms Used In Florida Statutes 751.03

  • Concurrent custody: means that an eligible extended family member is awarded custodial rights to care for a child concurrently with the child's parent or parents. See Florida Statutes 751.011
  • Extended family member: means a person who is:
    (a) A relative of a minor child within the third degree by blood or marriage to the parent;
    (b) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child's parents as an adverse party; or
    (c) An individual who qualifies as "fictive kin" as defined in…. See Florida Statutes 751.011
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(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.
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