In Re Amendments to Florida Supreme Court Approved Family Law Forms

84 So. 3d 274, 37 Fla. L. Weekly Supp. 230, 2012 WL 851105, 2012 Fla. LEXIS 551
CourtSupreme Court of Florida
DecidedMarch 15, 2012
DocketSC10-2344
StatusPublished
Cited by1 cases

This text of 84 So. 3d 274 (In Re Amendments to Florida Supreme Court Approved Family Law Forms) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Amendments to Florida Supreme Court Approved Family Law Forms, 84 So. 3d 274, 37 Fla. L. Weekly Supp. 230, 2012 WL 851105, 2012 Fla. LEXIS 551 (Fla. 2012).

Opinion

PER CURIAM.

In our opinion in this case issued April 7, 2011, the Court adopted six new Supreme Court Approved Family Law Forms: form 12.970(a) (Petition for Temporary Custody by Extended Family); form 12.970(b) (Petition for Concurrent Custody by Extended Family); form 12.970(c) (Waiver of Service of Process and Consent for Temporary Custody by Extended Family); form 12.970(d) (Waiver of Service of Process and Consent for Concurrent Custody by Extended Family); form 12.970(e) (Order Granting Petition for Temporary Custody by Extended Family); and form 12.970(f) (Order Granting Petition for Concurrent Custody by Extended Family). See In re Amendments to the Fla. Supreme Court Approved Family Law Forms, 60 So.3d 979 (Fla.2011). 1 The six forms were developed in response to recent legislative changes made by chapter 2010-30, Laws of Florida, which was passed by the Florida Legislature and took effect July 1, 2010. See ch.2010-30, § 9, Laws of Fla. The Court’s opinion invited interested persons to provide comments on the new forms within sixty days. The Court received one comment from the Florida Department of Revenue (DOR), addressing forms 12.970(e) and 12.970(f). 2

Forms 12.970(e) and 12.970© are orders granting petitions for temporary custody by an extended family member and concurrent custody by an extended family member, respectively. The comment from DOR urges the Court to revise the sections in each form pertaining to “Method of Payment” in order to make a number of clarifying changes. 3 Upon consideration of DOR’s comment, and with input from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, we amend forms 12.970(e) and 12.970(f) as reflected in the appendix to this opinion. The forms are fully engrossed and ready for use. The forms may also be accessed and downloaded from the Florida State Court’s website at www. flcourts.org/gen_public/family/forms_rules/ index.shtml. By adoption of these forms, we express no opinion as to their correct *275 ness or applicability. The amendments shall become effective immediately upon release of this opinion.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

APPENDIX

IN THE CIRCUIT COURT OF THE IN AND FOR_ _JUOICIAL CIRCUIT COUNTY, FLORIDA

Case No:

Division:

and Petitioner, Respond e nt/Mother

Respondent/Father.

ORDER GRANTING PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY

This case came before this Court for a hearing on a Petition for Temporary Custody by Extended Family. The Court, having reviewed the file and heard the testimony, makes these findings of fact and reaches these conclusions of law:

SECTION I. FINDINGS:

1. The Court has jurisdiction over the subject matter and the parties.

2. The minor childfren) at issue in this matter are:

Name Date of Birth

3. The Petitioner, [ful! legal name}__ Is the {extended family relationship}_of the child(ren).

4, The Mother (full legal name}__of the child(ren):

Florida Supreme Court Approved Family Law Form 12.970fe|, Order Granting Petition for Temporary Custody by Extended Family 03/12

*276 {Choose one only)

_ Filed a Waiver and Consent

_ Was served with the petition and failed to file an Answer

__ Is deceased as evidenced by:_____

_ Objected to the petition. Based upon clear and convincing evidence, the Court finds that the Mother is unfit to provide for the care and control of the chiid(ren). Specifically, the Mother has abused, abandoned, or neglected the child(ren) as defined In Chapter 39, Florida Statutes, It Is in the best Interest of the children} that the Petitioner have temporary custody because: {facts in support of finding)_

5. The Father (full legal name)___of the children):

(Choose one only)

_ Is deceased as evidenced by: ____

_ Objected to the petition. Based upon clear and convincing evidence, the Court finds that the Father is unfit to provide for the care and control of the chlld(ren). Specifically, the Father has abused, abandoned, or neglected the child(ren) as defined in Chapter 39, Florida Statutes, it is in the best Interest of the child(ren) that the Petitioner have temporary custody because; {facts in support of finding}

6. It is in the best interest of the childfren) for the Petitioner to have temporary custody.

SECTION II: TEMPORARY CUSTODY

1. The Petitioner,___, is granted temporary custody of the minor chiid(ren).

2. The Petitioner shall have all the rights and responsibilities of a legal parent.

3. The Petitioner is authorfoed to make all reasonable and necessary decisions for the minor child(ren), including but not limited to:

Florida Supreme Cauri Approved Family Law Form 12.970(e), Order Gramms Petition for Temporary Custody by Extended Family 03/12

*277 a) Consent to all necessary and reasonable medical and dental care for the child(ren), Including nonemergency surgery and psychiatric care;

b) Secure copies of the child(ren)'s records, held by third parties, that are necessary for the care of the child(ren), including, but not limited to:

r. Medical, Dental, and psychiatric records;

ii. Birth certificates and other records; and

iii. Educational records.

4, Enroll the chlld(ren) In school and grant or withhold consent for the child(ren) to be tested or placed in special school programs, including exceptional education; and

5. Do all other things necessary for the care of the child(ren).

SECTION III. TEMPORARY TIME-SHARING WITH MINOR CHILDREN)

The parent(s) shall have; {Choose one only)

1._reasonable time-sharing with the minor child(ren) as agreed to by the parties, subject to the following limitations:_

2._the foilowi ng specified time-sharing schedule: {specify days and times}

Mother's Temporary Time-Sharing Schedule.

Father's Temporary Time-Sharing Schedule.

3. _Time-Sharing in accordance with the temporary Parenting Plan attached as Exhibit_.

4. _( ) Mother ( ) Father shall have No Contact with the minor child(ren) until further order af the Court, due to existing conditions that are detrimental to the welfare of the minor children): (explain) ___

SECTION IV. CHILD SUPPORT

1.

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Bluebook (online)
84 So. 3d 274, 37 Fla. L. Weekly Supp. 230, 2012 WL 851105, 2012 Fla. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-florida-supreme-court-approved-family-law-forms-fla-2012.