Understanding Florida Statute 751.05: Order Granting Temporary or Concurrent Custody

In Florida, temporary or concurrent custody refers to a legal arrangement where a court grants custody of a child to someone other than the parents for a limited time. This can happen when the parents are unable to care for the child or when the court determines it is in the child’s best interests. Florida Statute 751.05 governs the process of obtaining a temporary or concurrent custody order, ensuring that children are placed in safe and supportive environments when necessary.

At Golden Key Law Group, we understand how challenging and complex these matters can be,  whether you’re seeking temporary custody for a child or you are a family member requesting concurrent custody, our experienced attorneys can guide you through the process. 

Temporary or Concurrent Custody: What You Need to Know

Temporary custody is a short-term arrangement, often granted when a child’s parents are unable to care for them due to illness, incapacity, or other circumstances. Concurrent custody, on the other hand, involves a situation where the court allows both the parent and the temporary custodian to have joint responsibilities for the child. The parent retains their rights but shares custody with another person, such as a relative or close family friend.

Unlocking the When: Temporary or Concurrent Custody Explained

Under Fla. Stat. § 751.05, a court may grant temporary or concurrent custody when:

• The parents are unable or unwilling to care for the child, and there are issues of abuse, abandonment, or neglect.
• A parent requests and stipulates that a temporary custody order is necessary due to an emergency or a temporary incapacity to care for the child.

The temporary custody order is usually for a limited time and will expire unless extended by the court or unless the parent regains the ability to care for the child or resolves the issue that prompted the need for temporary custody.

Who Holds the Keys? Understanding Who Can Be Granted Temporary or Concurrent Custody

If the parents agree for a third party to temporarily serve as a substitute parent or make decisions for the child, the Court can enter an order outlining the same. However, if no agreement is reached, the Court must make a determination. In Florida, temporary custody can be granted to:

• Stepparent
• Extended Family Member (grandparents, aunts, uncles)
  • A relative of a minor child within the third degree by blood or marriage to the parent
• Fictive Kin or Family Friend
  • n unrelated person with an emotionally significant relationship that resembles a family bond.

The family member or close family friend must meet the following criteria:

• Must currently have physical custody of the child or have had physical custody for at least 10 days in any 30-day period within the last 12 months.
• Must not have signed written documentation from a parent that would allow the custodian to make all necessary decisions to care for the child.

Legal Process for Temporary Custody

To initiate the process of temporary or concurrent custody, a parent or legal guardian must file a petition with the court explaining the circumstances that necessitate the temporary custody arrangement. The petition will typically include:

• The reasons why temporary custody is needed.
• Information about the person seeking custody, including their relationship to the child and why they are suitable to care for the child during the temporary period.
• Any emergency circumstances that make temporary custody an urgent matter.

Once the petition is filed, a court hearing is usually scheduled. During the hearing, the judge will review the petition, hear evidence, and determine if granting temporary custody is in the child’s best interest. If the court grants the order, it will outline the specific terms of custody, visitation, and any other requirements for the temporary arrangement.

Why Challenging Custody Under 751.05 is a Tough Battle for Third Parties

Obtaining custody under Florida Statute 751.05 can be difficult when a parent is contesting it for several reasons. This statute typically applies in situations where a relative or other third party seeks temporary or concurrent custody of a child. When a parent contests this type of custody, the legal process becomes more complex and challenging, as the court must consider several important factors.

1. Parental Presumption of Custody: Florida law assumes that parents have the primary right to custody. A third party seeking custody must prove the parent is unfit or unable to care for the child.
2. Best Interests of the Child: The court prioritizes the child’s best interests. To grant custody to a third party, it must be shown that the parent’s custody is harmful, with clear evidence of neglect, abuse, or incapacity.
3. Parental Rights: Parents have strong, constitutionally protected rights. These can only be overridden in cases where a parent is deemed unfit or poses a significant risk to the child.
4. Burden of Proof: The third party must prove the parent’s unfitness by presenting convincing evidence, such as neglect or abuse. This is often difficult to establish in contested cases.
5. Ongoing Parental Involvement: Florida courts prefer both parents remain involved in the child’s life, and will rarely grant permanent custody to a third party unless there is significant evidence of parental incapacity.
6. Challenges in Proving Unfitness: Proving a parent unfit can be difficult. Factors like mental health, substance abuse, or criminal history must be documented and proven to outweigh parental rights. Courts often give parents time to address these issues and regain custody.

How Golden Key Law Group Can Unlock Your Custody Case

At Golden Key Law Group, we understand the challenges of navigating contested custody cases under Florida Statute 751.05. Whether you are a third party seeking custody or a parent contesting the arrangement, our experienced family law attorneys can help you understand your rights and guide you through the legal process.

• For Third Parties Seeking Custody: We can help you gather the necessary evidence, present a compelling case for the child’s best interests, and assist in navigating the complex legal requirements for custody under 751.05.
• For Parents Contesting Custody: If you are a parent contesting custody, we will work to protect your rights and ensure that you have a fair opportunity to demonstrate your ability to provide for your child. We will help you navigate the legal complexities and challenge any claims made by a third party.

If you are facing a situation where temporary or concurrent custody is needed, Golden Key Law Group is here to help. Our team is committed to providing clear, effective legal representation to ensure the best interests of the child are prioritized. Contact us today to schedule a consultation and learn more about how we can assist you with temporary or concurrent custody matters.