Educational overview of Florida Chapter 751: who may qualify, temporary vs concurrent custody, parental consent and notarization, school and medical authority, and official Florida Courts forms.
Published and reviewed by iRemoteNotary
Last reviewed September 20, 2026
Florida Chapter 751 creates a court process for temporary custody or concurrent custody by a qualifying extended family member. Chapter purposes include enabling the custodian to consent to necessary medical and dental care (including nonemergency surgery and psychiatric care as framed in § 751.01), secure needed records (including educational records), enroll the child in school, and grant or withhold consent for testing or special school programs.
Those powers come from a court order entered in the case. A notarized parental consent or signature on a Florida Courts consent form is not itself a custody order.
This page explains the Chapter 751 framework for families and caregivers. For school enrollment comparisons, see can a grandparent enroll a child in school in Florida. For doctor-visit consent scenarios without assuming custody, see grandparent medical consent in Florida. Start with the Back-to-School Caregiver, Custody & Medical Consent Center if you are still diagnosing the problem.
This is educational information, not personalized family-law advice. It does not tell you which petition to file, how a judge will rule, or how to prove parental unfitness.
Chapter 751 addresses temporary custody of minor children by extended family. The legislature’s stated purposes include recognizing that many children are cared for by extended family and providing a legal document that defines the caregiver’s relationship so the caregiver can give complete care, including interacting with schools and medical providers.
Under § 751.01(3), temporary or concurrent custody is intended to enable the custodian to: consent to necessary and reasonable medical and dental care (including nonemergency surgery and psychiatric care); secure copies of records necessary for care (including medical, dental, psychiatric, birth, and educational records); enroll the child in school and grant or withhold consent for testing or special school programs, including exceptional education; and do other things necessary for the care of the child.
Source: Florida Statutes § 751.01 (The Florida Senate).
Under § 751.011, an “extended family member” means a person who is: (a) a relative of a minor child within the third degree by blood or marriage to the parent; (b) the stepparent of a minor child if the stepparent is currently married to the parent and is not an adverse party in certain pending civil or criminal proceedings involving one or both parents; or (c) an individual who qualifies as “fictive kin” as defined in § 39.01.
Fictive kin is included through that § 39.01 cross-reference. Meeting the definition does not automatically create custody. The person still must follow the petition pathways and obtain a court order where required.
Source: Florida Statutes § 751.011 (The Florida Senate).
Concurrent custody means an eligible extended family member is awarded custodial rights to care for a child concurrently with the child’s parent or parents (§ 751.011(1)). Temporary custody is the Chapter 751 pathway that does not use that concurrent-with-parents definition; order effects and parental-objection rules differ under § 751.05.
| Feature | Temporary custody | Concurrent custody |
|---|---|---|
| Core idea | Court-ordered temporary custody under Chapter 751 | Custodial rights awarded concurrently with the parent(s) |
| Parental rights effect | Order may include best-interest provisions, transition plans, and visitation for parents as allowed by § 751.05(4)(b) | Order may not eliminate or diminish parental custodial rights; must state parents can obtain physical custody except as court-approved transition provisions (§ 751.05(4)(a)) |
| If a parent objects | Court may grant only upon clear and convincing evidence the parent(s) are unfit (abuse, abandonment, or neglect as defined in Chapter 39) (§ 751.05(3)(b)) | Court may not grant concurrent custody even if the other parent consents; petitioner may convert to temporary custody or the petition is dismissed without prejudice (§ 751.05(3)(a)) |
| Parental consent role | Signed, notarized parental consents are one petition pathway described in Florida Courts Form 12.970(a) instructions; consent is not the order | Parental cooperation/consent framework is central; written objection blocks concurrent custody |
| Court order required? | Yes — authority comes from the order | Yes — authority comes from the order |
Do not treat Chapter 751 temporary or concurrent custody as identical to court-appointed legal guardianship under Chapter 744. Titles and statutes differ even when some practical powers overlap.
Florida Courts Form 12.970(c) (Waiver of Service of Process and Consent for Temporary Custody by Extended Family) instructs the parent to sign before a notary public or deputy clerk. The form’s jurat contemplates physical presence or online notarization.
The consent form itself states that upon entry of an Order, the petitioner shall be able to consent to medical and dental care, secure records, enroll the child in school, and do other things necessary for care. Those powers are described as following entry of the order—not as arising from the notarial stamp alone.
Notarization authenticates the applicable signature process. It does not issue a Chapter 751 custody order. A notarized parent letter outside the court process is also not automatically a custody order.
Official form (verify current revision): Florida Courts Form 12.970(c) PDF(opens in a new tab).
Chapter purposes expressly include enrolling the child in school and granting or withholding consent for testing or special school programs, including exceptional education (§ 751.01(3)(c)).
A Chapter 751 order may authorize those actions as set out in the order. Individual school districts may still require specific enrollment packets. See grandparent school enrollment in Florida for the enrollment comparison framework and district-variation safety notes.
Chapter purposes include securing copies of records necessary for care, including educational records and medical, dental, and psychiatric records (§ 751.01(3)(b)).
FERPA caregiver status is a separate federal records concept and does not replace reading the Florida court order. Medical-record access under HIPAA personal-representative rules is also distinct from Chapter 751 custody titles.
Section 751.01 lists consent to necessary and reasonable medical and dental care, including nonemergency surgery and psychiatric care, among chapter purposes for temporary or concurrent custodians.
Always read the actual order. For caregiver medical consent when there is no Chapter 751 order—or when the question is statutory priority under § 743.0645—see grandparent medical consent in Florida.
Florida Courts publishes Supreme Court Approved Family Law Forms for Custody by Extended Family, including Form 12.970(a) (Petition for Temporary Custody by Extended Family) and related consent/waiver forms such as 12.970(c).
Petitions are court filings. Consent/waiver forms involve parental consent and typically must be signed before a notary or deputy clerk. Official instructions warn that nonlawyers who help complete forms must provide a Disclosure from Nonlawyer (Form 12.900(a)).
Use official sources only: Florida Courts Custody by Extended Family forms index(opens in a new tab), Form 12.970(a) PDF(opens in a new tab), Form 12.970(c) PDF(opens in a new tab). Re-check revision dates on the live PDFs before filing.
iRemoteNotary does not prepare Chapter 751 pleadings, remove court instructions, or republish official forms as our products.
If a parent objects to temporary custody, Florida law sets a clear-and-convincing unfitness standard tied to Chapter 39 definitions of abuse, abandonment, or neglect (§ 751.05(3)(b)). Florida Courts Form 12.970(a) instructions tell petitioners without parental consents to consult a family-law attorney before filing.
This page does not coach readers on how to prove unfitness or how to litigate against a parent. Use Florida Courts self-help materials and qualified counsel for contested cases.
Notarization does not create temporary custody, concurrent custody, or legal guardianship by itself.
Notarization does not replace service of process, hearings, or entry of an order.
Notarization does not force a school or clinic to accept a document that is not an order and that the recipient’s policy rejects.
If a parent is signing an eligible Florida Courts consent/waiver that requires a notarial act and remote online notarization is accepted for that signing, a commissioned U.S. online notary may perform the notarial act. That still leaves the court process to create custody authority.
If your Florida Courts consent/waiver or other eligible document requires a notarial act, and the court or recipient accepts remote online notarization, you can start a secure session. Notarization does not issue a custody order.
Chapter 751 temporary or concurrent custody is not automatically the same as legal guardianship under Chapter 744.
Parent authorization letters outside Chapter 751 may sometimes help with limited school or medical tasks, but they are not Chapter 751 orders and acceptance is recipient-specific.
Laws and form revisions change. Verify current Official Florida Statutes Online text and live Florida Courts PDFs before relying on a process step.
No. A notarized consent or Florida Courts consent/waiver authenticates a signature process. Chapter 751 custody authority comes from the court’s order. Form 12.970(c) describes key powers as arising upon entry of an Order.
No. Under § 751.05(4)(a), an order granting concurrent custody may not eliminate or diminish the custodial rights of the child’s parent or parents and must expressly address the parents’ ability to obtain physical custody, subject to any court-approved transition provisions.
No. Chapter 751 creates temporary or concurrent custody for qualifying extended family members. Court-appointed guardianship is a different Chapter 744 pathway and title. Do not treat the labels as synonyms.
Yes. Section 751.01 lists school enrollment, testing/special programs, educational and medical records, and medical/dental consent (including nonemergency surgery and psychiatric care as framed there) among chapter purposes for temporary or concurrent custodians.
No. Fictive kin may qualify as an extended family member under § 751.011 via § 39.01, but custody still depends on meeting petition pathways and obtaining a court order where required.
No. We provide educational information and may notarize eligible documents when a notarial act is requested. We do not prepare custody pleadings or give personalized litigation advice.
The following primary sources support the legal and procedural information in this guide. Requirements can change, so confirm current rules with the receiving organization before relying on a notarized document.
Florida Statutes § 751.01 — Purpose of act(opens in a new tab)
The Florida Senate
Accessed September 20, 2026
Florida Statutes § 751.011 — Definitions(opens in a new tab)
The Florida Senate
Accessed September 20, 2026
Florida Statutes § 751.05 — Order granting temporary or concurrent custody(opens in a new tab)
The Florida Senate
Accessed September 20, 2026
Form 12.970(a) — Petition for Temporary Custody by Extended Family(opens in a new tab)
Florida Courts
Accessed September 20, 2026
Form 12.970(c) — Waiver of Service and Consent for Temporary Custody(opens in a new tab)
Florida Courts
Accessed September 20, 2026
Custody by Extended Family | 12.970 Forms A–F(opens in a new tab)
Florida Courts
Accessed September 20, 2026
If an official Florida Courts consent/waiver or other eligible document requires notarization and remote online notarization is accepted for that signing, start a secure session with a commissioned U.S. online notary. Court custody still requires the court process and order.