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Child Custody by an Extended Family Member in Orlando, Florida

Section 751.01 Florida Statutes, provides that the purpose of Chapter 751 is, among other things to provide for the welfare of the minor child who is living with the extended family members. Specifically, the chapter recognizes that the care being extended to the child is by the extended family member, and therefore, the child is not dependent. Section 751.02 provides that any extended family member who has the signed, notarized consent of the child’s legal parents or who is caring full time for the child in the role of substitute parent, and with whom the child is living, may bring a proceeding in the circuit court to determine the custody or concurrent custody of the minor child. Section751.03 establishes the required contents of a petition for temporary or concurrent custody.

Section 751.05 requires the trial court to conduct a hearing on the petition and requires the court to “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 objections or testimony of the child’s parents, if present. It further provides that 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, Section 751.05(2). The section also provides that, if the minor child’s parents object to the petition for concurrent custody, the court shall provide petitioner an opportunity to convert the petition to a petition for temporary custody. Petitioner would then be required to prove, by clear and convincing evidence, that the child’s parents are unfit to provide for the care for the care and control of the child, in which case, the court must find that parent or parents have abused, abandoned, or neglected the child, as defined by Florida Chapter 39. If the petition has been consented to by the parents, then the court is under no obligation to determine whether the child has been abused, abandoned, or whether the child is dependent.

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.

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