Full question:
I live in Florida with my nephew for the past two years. His parents live elsewhere. I would like to know the law on concurrent custody proceedings of the child.
- Category: Guardianship
- Date:
- State: Florida
Answer:
In Florida, concurrent custody proceedings for a minor child can be initiated by extended family members under certain conditions. Specifically, any extended family member can file for custody if they have the signed, notarized consent of the child's legal parents or if they are caring for the child full-time as a substitute parent and the child is currently living with them.
To qualify for concurrent custody, the individual must:
- Currently have physical custody of the child and have had that custody for at least ten days within any thirty-day period in the last twelve months.
- Not possess signed written documentation from a parent that allows them to perform all necessary caregiving tasks, as would be granted under a court order (Fla. Stat. § 751.02).
This is outlined in Fla. Stat. § 751.02, which details the eligibility criteria for bringing custody proceedings.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.