(1) The following individuals may bring proceedings in the circuit court to determine the temporary or concurrent custody of a minor child:

(a) Any extended family member who has the signed, notarized consent of the child’s legal parents; or

Terms Used In Florida Statutes 751.02

  • 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
(b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.
(2) In addition to the requirements of subsection (1), an individual seeking concurrent custody must:

(a) Currently have physical custody of the child or have had physical custody of the child for at least 10 days in any 30-day period within the last 12 months; and
(b) Not have signed, written documentation from a parent which is sufficient to enable the custodian to do all of the things necessary to care for the child which are available to custodians who have an order issued under s. 751.05.
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