Chief Judge Manuel Menendez, Jr., of the Thirteenth Judicial Circuit (Hillsborough County) recently entered a new administrative order that pertains to child custody proceedings. Below is a summary of AO S-2011-014:
- For Chapter 751 Proceedings (Temporary Custody of Minor Children by Extended Family):
- Uncontested and Contested Proceedings: Petitions for temporary custody of a minor child by an extended family member (i.e., grandparent, aunt, uncle, cousin, etc.) must be written and signed under oath, and filed with the clerk of the court. The case will be assigned to the Family Law/Domestic Relations Division. An executed Uniform Child Custody Jurisdiction and Enforcement (“UCCJEA”) Affidavit must be included with the petition. If the petition is being filed with the parents’ permission, written, signed, and notarized consents must be provided, unless the parents provide their consents in open court. If a petitioner is alleging that a parent has abandoned a child, the petitioner must have evidence of abandonment.
- Pending Dependency Proceedings: If a dependency case is pending when a petition for temporary custody has been filed, the Family Law judge may transfer the petition to the Juvenile Dependency Division. Read more