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Types of Custody Under Florida Statute 751: Long Term Custody By An Extended Family Member in Lake Mary, Florida and Orlando, Florida Area

Florida Statute 751 deals with Temporary or Concurrent Custody by an Extended Family Member. In Florida Statute 751, it describes who may petition for custody under this statute. A relative of consanguinity within the third degree, a stepparent,or a fictive kin may petition the court for custody. 

You may petition for temporary custody or concurrent custody. Temporary custody is where you have custody of the child alone. Concurrent custody is where you and the parents both have custody of the child. To obtain custody, you must petition the court. The petition is filed in the circuit court. If the parents sign a waiver and consent, then you can submit a judgment to the court. If the parents object to you obtaining custody, then you must show by clearing and convincing evidence that the parents are unfit to care for the child under Florida Statute 39 because the parents have abandoned, abused or neglected the child. Florida Statute 39.01 contains the definitions for abuse, abandonment, and neglect. 

You would petition the court for temporary or concurrent custody in order to do the following for the child: 

• Make medical, dental, and psychiatric decisions for the child and obtain such records. 
• Obtain a birth certificate and other records. 
• Obtain education records and enroll the child in school and grant or withhold consent for a child to be tested or placed in special school programs, including exceptional education. 
• Do all other things necessary for the care of the child.  

You may obtain the Florida Supreme Court forms to petition the court for temporary or concurrent custody on the Florida Supreme Court website under forms then domestic forms. You may file the forms yourself in the circuit court or you may hire an attorney to file the petition and handle the case for you. If you handle the case yourself, then you proceed pro se. There is a filing fee to file the petition. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.