Florida Statues Chapter 751 creates a cause of action when an extended family member needs to assume temporary custody of a child on behalf of the parents. These cases often arise when children are voluntarily placed, for example, with a grandparent. Section 751.05(6) provides that the trial court shall terminate the temporary custody order upon a finding that the parent is a fit parent. The term “fit parent” is not defined, but another provision of section 751.05 explains that a parent is “unfit” if the parent has abused, abandoned, or neglected the child, as defined in chapter 39. Thus, by implication, a “fit parent” is one who has not abused, abandoned, or neglected the child, as those terms are defined in chapter 39. In the attached case, the trial court continued the temporary custody order, but the appellate court reversed the decision because there was no evidence supporting that the parent is unfit under the statutory definition. So, although a change of custody may result in a disruption of the child’s life, the “best interests” standard is inapplicable in a Chapter 751 proceeding when a parent is not deemed unfit.
Read More: Seilkop-v-Barker