(2) In addition to the requirements of subsection (1), an individual seeking concurrent custody must:
(a) Currently have physical custody of the child and have had physical custody of the child for at least 10 days in any 30-day period within the last 12 months; and
(b) Not have signed, written documentation from a parent which is sufficient to enable the custodian to do all of the things necessary to care for the child which are available to custodians who have an order issued under s. 751.05.
Fla Stat. 751.03 provides as follows:
751.03 Petition for temporary or concurrent custody; contents.—Each petition for temporary or concurrent custody of a minor child must be verified by the petitioner, who must be an extended family member, and must contain statements, to the best of the petitioner’s knowledge and belief, providing:
(1) The name, date of birth, and current address of the child.
(2) The names and current addresses of the child’s parents.
(3) The names and current addresses of the persons with whom the child has lived during the past 5 years.
(4) The places where the child has lived during the past 5 years.
(5) Information concerning any custody proceeding in this or any other state with respect to the child.
(6) The residence and post office address of the petitioner.
(7) The petitioner’s relationship to the child.
(8) If concurrent custody is being requested:
(a) The time periods during the last 12 months that the child resided with the petitioner;
(b) The type of document, if any, provided by the parent or parents to enable the petitioner to act on behalf of the child;
(c) The services or actions that the petitioner is unable to obtain or undertake without an order of custody; and
(d) Whether each parent has consented in writing to the entry of an order of concurrent custody.
A copy of the written consent and any documents provided by the parent to assist the petitioner in obtaining services must be attached to the petition.
(9) If temporary custody is being requested, the consent of the child’s parents, or the specific acts or omissions of the parents which demonstrate that the parents have abused, abandoned, or neglected the child as defined in chapter 39.
(10) Any temporary or permanent orders for child support, the court entering the order, and the case number.
(11) Any temporary or permanent order for protection entered on behalf of or against either parent, the petitioner, or the child; the court entering the order; and the case number.
(12) That it is in the best interest of the child for the petitioner to have custody of the child.
(13) A statement of the period of time the petitioner is requesting temporary custody, including a statement of the reasons supporting that request.
Ther are other possible avenues to consider as well. Call Joseph Gufford attorney to discuss your case today and how we can help.