HB 185 — Custody of Minor Children by Extended Family

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 185 2020 A bill to be entitled An act relating to custody of minor children by extended family;

revising the requirements for anindividuals individual seeking concurrent custody;

requiringallowing acertain petitionprovisions forrelated temporaryto orthe concurrentbest custodyinterest toof includethe specifiedchild provisionsto relatingbe toconsidered thein besta interestpetition offor thetemporary child;or concurrent custody;

authorizing thecourts court to include specified provisions relatingrequested toin thepetitions bestfor interesttemporary ofor theconcurrent childcustody inwhich anrelate orderto grantingthe temporarybest orinterest concurrentof custody;the child;

authorizing thecourts courtto require parties to modifycomply suchwith orderprovisions andapproved toin establishthe reasonableorder conditionswhich forrelate transitioningto custodythe undertransitioning certainof circumstances;custody;

requiring the court to consider specified factors when establishing such conditions;

authorizing the court to require parties to comply with specified provisions relating to a reasonable plan for transitioning custody before terminating the order;

PageSection 11. of 6 CODING:

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hb0185-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 185 2020 Section 1.

(4) Protect the welfare of minor children by allowing transitionsPage 1 of custody5 consistentCODING: with their best interest.

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words underlined are additions.

hb0185-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 185 2020 transitions of custody consistent with their best interest.

jurisdiction.— (2) In addition to the requirements of subsection (1), an Pageindividual 2seeking ofconcurrent 6custody CODING:must:

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words underlined are additions.

hb0185-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 185 2020 individual seeking concurrent custody must:

Subsection (13) of section 751.03, Florida Statutes,Page is2 amended,of and5 subsectionCODING: (14) is added to that section, to read:

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words underlined are additions.

hb0185-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 185 2020 Statutes, is amended, and subsection (14) is added to that section, to read:

(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.

The order must expressly state that the grant of Pagecustody 3does not affect the ability of 6the CODING: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.

(b) Temporary custody of the minor child to the petitioner Page 3 of 5 CODING:

hb0185-02-c2hb0185-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 185 2020 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 include provisions that are requested in the petition which are related to the best interest of the child,child includingand amay reasonablealso transitiongrant planvisitation thatrights providesto for the transitionchild's ofparent custodyor backparents, toif it is in the child'sbest parentinterest orof parents.the child.

(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 the transition of custody back to the child's 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.

(a) The court mayshall modifyterminate anthe order grantingupon temporarya custodyfinding ifthat the partiesparent consentis a fit parent, or ifby modificationconsent isof the parties, except that the court may require the parties to comply with provisions approved in the bestorder interestwhich ofare related to a plan for transitioning custody before terminating the child.order.

(b) The court shallmay terminatemodify thean order upongranting atemporary findingcustody thatif the parentparties isconsent a fit parent, or byif consentmodification ofis the parties, except that the court may require the parties to comply with provisions approved in the orderbest whichinterest areof related to a plan for transitioning custody before terminating the order.child.

The court may modify an order granting temporary custody if the parties Page 4 of 6 CODING:

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words underlined are additions.

hb0185-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 185 2020 consent or if modification is in the best interest of the child.

(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 significant period of time, as determined by the court, the court may, on its own motion, establish reasonable conditions, which are in the best interest of the child, for transitioning the child back to the custody of the child's parent or parents.

The court must consider the following factors when establishing reasonable conditions:

1.

The length of time the child lived or resided with the extended family member.

2.

The child's developmental stage.