Florida Concurrent Custody Form 12.970(b): Shared Authority for Extended Family

Most grandparents and relatives who file for custody in Florida assume they need to take authority away from the parents. Concurrent custody under Chapter 751 does something different — it lets you share legal authority with both parents, so you can enroll a child in school, consent to medical care, and access records without anyone losing their parental rights.

What Concurrent Custody Actually Does

A concurrent custody order under Florida Statutes Section 751.03 grants you the same decision-making power as the child's parents — but the parents keep theirs too. Both you and the parents can sign school forms, authorize medical treatment, and make day-to-day decisions for the child.

This works well when the parents cooperate but can't physically care for the child full-time. Maybe a parent works out of state, is in a treatment program, or is deployed. The parents stay involved and keep all their legal rights; you get the legal standing that schools, doctors, and benefits offices require.

The petition uses Form 12.970(b) — the concurrent custody petition — filed in the Family Law Division of the circuit court in the county where you reside, where the child resides, or where a related custody or child-support order was entered.

The Consent Requirement That Makes or Breaks the Filing

Here's the critical rule: concurrent custody requires the written, notarized consent of both legal parents. Each parent signs Form 12.970(d) — the Waiver of Service of Process and Consent for Concurrent Custody — before a notary public.

If even one parent refuses to sign or objects in writing, the court cannot grant concurrent custody. Period. The statute leaves no room for judicial discretion on this point.

What happens next depends on your situation. The court must offer you the option to convert your petition into a temporary custody filing under Form 12.970(a). Temporary custody can be granted over a parent's objection, but only if you prove by clear and convincing evidence that the parent is unfit — meaning abuse, abandonment, or neglect as defined in Chapter 39.

Before you file, have an honest conversation with both parents. If there's any chance one will object, you may save time and filing fees by going straight to a temporary custody petition instead.

Filing the Concurrent Custody Petition Step by Step

You'll need these documents for a complete filing:

• Form 12.970(b) — the petition itself, identifying you, the child, and both parents
• Form 12.970(d) — signed and notarized by each consenting parent (one per parent)
• Form 12.902(d) — the UCCJEA Affidavit listing everywhere the child has lived for the past five years
• Form 12.900(h) — Notice of Related Cases, disclosing any other family or dependency proceedings
• Form 12.928 — Cover Sheet for Family Court Cases

Filing fees typically range from $301 to $409 depending on your county. If you qualify, submit an Application for Determination of Civil Indigent Status at the same time to defer or waive those fees.

Because both parents are consenting, you won't need sheriff service — the signed 12.970(d) waivers replace formal service of process. This saves roughly $40 per parent in sheriff fees and skips the 20-day response window that contested cases require.

When Concurrent Custody Isn't the Right Fit

Concurrent custody has a structural limitation: because parents retain their custodial rights alongside yours, a parent can make decisions that conflict with yours. The order doesn't create a hierarchy. Either parent may move to terminate the order at any time; if a parent objects, the court must terminate it, though it may require a reasonable transition plan. If a parent starts making contradictory decisions — pulling the child from the school you enrolled them in, for instance — you'll need to return to court.

Consider temporary custody instead if a parent is actively unstable, has a substance abuse problem, or has a history of making harmful decisions for the child. Temporary custody gives you primary authority, and a parent has to petition the court to modify or end it.

If the child is already in DCF dependency proceedings, concurrent custody under Chapter 751 isn't an option at all. The juvenile court retains jurisdiction under Chapter 39, and you'd pursue placement or permanent guardianship through that system.

After the Order Is Signed

Once the judge signs Form 12.970(f) — the order granting concurrent custody — get multiple certified copies from the clerk. You'll need them for the child's school, pediatrician, health insurance enrollment, and any benefits applications.

A Chapter 751 order can support an application for Child-Only Temporary Cash Assistance through DCF's ACCESS Florida system. It can also document your authority when dealing with schools and health providers, but ask each school or benefits program what additional documents it requires.

The order remains in effect until the child turns 18 or the court terminates it. Either parent may move to terminate it at any time, so it has no automatic calendar expiration date.

The complete Florida guardianship and custody guide walks through every Chapter 751 pathway — concurrent and temporary — with the full form list, filing instructions, and a comparison chart showing which route fits your situation.

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