Florida/Georgia Personal Injury & Workers Compensation

...(2004) ("Delinquency; Interstate Compact on Juveniles"). Although there is no statutory prohibition on agreements to arbitrate minors' tort claims, the Fourth District deemed statutes governing settlement of minors' civil claims to be analogous to a pre-injury arbitration agreement. Under section 744.301(2), Florida Statutes (2004), parents, acting as the natural guardians of their minor children, [6] may settle their children's claims for amounts up to $15,000....

...If a legal guardian and a minor have potentially adverse interests, or if otherwise necessary, the trial court may, for a settlement greater than $15,000, and must, for a settlement greater than $25,000, appoint a guardian ad litem to represent the minor's interests. See § 744.301(4)(a); Fla....

...reements provides a basis for treating these agreements differently from settlements of lawsuits involving minors' claims, for which appointment of a guardian ad litem and court approval are necessary under certain circumstances pursuant to sections 744.301 and 744.387, Florida Statutes (2004)....

...Sales Support Network. [5] The Academy of Florida Trial Lawyers and the Legal Aid Society of Palm Beach County. [6] For children of divorced parents, "the natural guardianship shall belong to the parent to whom the custody of the child is awarded." § 744.301(1), Fla....

...See In re Brock, 157 Fla. 291, 25 So.2d 659 (1946); Porter v. Porter, 60 Fla. 407, 53 So. 546 (1910); Spencer v. Spencer, 305 So.2d 256 (Fla. 3d DCA 1974); In the Interest of R.L.G., 274 So.2d 4 (Fla. 4th DCA 1973); Tom v. State, 153 So.2d 334 (Fla. 2d DCA 1963). Although section 744.301(1), Florida Statutes (1977), names the natural mother of an illegitimate child as its natural guardian, she may transfer her guardianship rights to another person provided it is in the child's best interest....

...ather and was limited to that period when the child remained unemancipated. Today, the obligation of child support is recognized by statute to be upon both the mother and father jointly as the natural guardians of their natural and adopted children. Section 744.301, Florida Statutes (Supp....

...Accordingly, the order of the trial court is reversed, and the cause remanded with directions to dismiss the petition for modification. Reversed and remanded, with directions. MOORE, J., and DURANT, N. JOSEPH, Jr., Associate Judge, concur. ALDERMAN, C.J., participating only on oral argument. NOTES [1] Section 744.301(1)....

...Laws, 432 P.2d 632 (Colo. 1967); Miller v. Miller, 52 Cal. App.2d 443, 126 P.2d 357 (Cal. App. 1942); Block v. Lieberman, 506 S.W.2d 485 (Mo. Ct. App. 1974); Childers v. Childers, 15 Wash. App. 792, 522 P.2d 83 (1976); Jensen v. Jensen, 438 P.2d 1013 (Oregon 1968). [5] Section 744.301(1) in relevant part provides: "If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded." [6] Nothing in this opinion should be construed as limi...

...(2004) ("Delinquency; Interstate Compact on Juveniles"). Although there is no statutory scheme governing pre-injury releases, the Kirtons argue that a parent's execution of a pre-injury release falls squarely within the parent's authority to settle pursuant to section 744.301(2), Florida Statutes (2007)....

...ent's authority to execute a pre-injury release for a minor child falls within this section. Contrary to the Kirtons' assertion, a parent's authority to execute a pre-injury release on behalf of a minor child does not fall within the purview *354 of section 744.301(2). Section 744.301, Florida Statutes (2007), applies to situations where a minor child already has a cause of action against another party....

...ity when necessary to protect children. Global Travel Mktg., Inc. v. Shea, 908 So.2d 392, 399 (Fla. 2005). The expression of that policy most relevant here is the legislative limitation on parental authority to settle post-injury claims contained in section 744.301(2), Florida Statutes (2007)....

...Furthermore, when the parent in this case signed such a release, the Legislature had not prohibited or regulated pre-injury parental releases of a minor's claims, though the Legislature had legislated as to post-injury parental releases of a minor's claims. See §§ 744.301, 744.387, Fla....

...nts provides a basis for treating these agreements differently from settlements of lawsuits involving minors' claims, for which appointment of a guardian ad litem and court approval are necessary under certain circumstances pursuant to sections *364 744.301 and 744.387, Florida Statutes (2004)....

...Under Florida law the mother's legal right to the care, custody and control of the child is superior to the right of an unwed father unless she is proved to be unfit. Jones v. Smith, 278 So.2d 339 (Fla. 4th DCA 1973), cert. denied, 415 U.S. 958, 94 S.Ct. 1486, 39 L.Ed.2d 573 (1974); see also § 744.301(1), Fla....

...r and was limited to that period when the child remained unemancipated. Today, the obligation of child support is recognized by statute to be upon both the mother and father jointly as the natural guardians of their natural and adopted children. See § 744.301, Fla....

...exercise and privacy right to reject the transfusion." Dubreuil, 603 So.2d at 541. In dissent, Judge Warner observed that Luc, as the natural father, is the children's legal guardian and is responsible for their care as a matter of Florida law under section 744.301, Florida Statutes (1991)....

..."If one parent dies, the natural guardianship shall pass to the surviving parent, and the right shall continue even though the surviving parent remarries. If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded." § 744.301(1), Fla....

...In re Estate of Winslow, 147 So.2d 613 (Fla.2d DCA 1962). The burden is on *273 the appellant to show that the findings and order of the probate court are clearly erroneous. Gardiner v. Goertner, 110 Fla. 377, 149 So. 186 (1933). Affirmed. NOTES [1] § 744.301(2), Fla....

...However, in this case, it is the attorney ad litem, who was appointed for the very purpose of protecting any privilege the minor child might have. Section 61.401, Florida Statutes (2000), clearly distinguishes between guardians ad litem and legal counsel for the child. [2] See § 744.301(1), Fla.Stat....

...orida Guardianship Law, Chapter 744, Florida Statutes (1977), before there can be an approval of the settlement of a minor's claim, where the amount of the settlement is more than $5,000. In this case, the important statutory provisions are found in Section 744.301, Florida Statutes (1977), which states: (2) The natural guardian or guardians may collect, receive, manage, and dispose of any real or personal property distributed from an estate or trust or proceeds from a life insurance policy to t...

...The father contends on cross-appeal that the trial court erred in the determination of the primary residence of the child. We will discuss these two issues in reverse order. With respect to the award of "primary residence," the trial court relied upon Section 744.301(1), Florida Statutes, which provides, in pertinent part, that "the mother of a child born out of wedlock is the natural guardian of the child." The court further reasoned that in order to overcome the statutory presumption that the na...

...The appellees also contend that, even if it was necessary for the appellant to join in the petition, he cannot complain because he did not appeal the order appointing them within thirty days of the rendition of the original order. We disagree with both contentions. Section 744.301(1), Florida Statutes (1981), defines natural guardianship as: 744.301 Natural guardians....

...ing parent. If we accepted the appellees' contention this portion of the statute would be meaningless. A statute is to be construed so that it is meaningful in all of its parts. State v. Rodriquez, 365 So.2d 157 (Fla. 1978). Accordingly, pursuant to section 744.301(1), the natural guardianship belongs to the parent to whom the custody of the child is awarded, but if that custodial parent dies, the natural guardianship passes to the surviving parent, and the burden is then upon the person opposin...

...ing parent. Since the appellant is alive and competent, he has the right to appeal the order in question. For the reasons hereinabove discussed, we hold that upon the death of Mrs. Lusker, the natural guardianship passed to the appellant pursuant to section 744.301(1), and the court erred in confirming the appellees as guardians under section 744.304....

...We hold in this case that the Shared Parental Responsibility Law is applicable, and that no finding of unfitness on the part of a natural mother is necessary in order to grant primary residential custody of an illegitimate child to the natural father. AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] § 744.301(1), Fla....

...n him, the father. See Frazier v. Frazier, 109 Fla. 164, 147 So. 464 (1933). Furthermore, the statutory law dictates that the appellant is a natural guardian of the infant girl. As a natural guardian, appellant has a legal duty to support the child. Section 744.301(1), Florida Statutes (1985), states: (1) The mother and father jointly are natural guardians of their own children and of their adopted children, during minority....

...The mother of a child born out of wedlock is the natural guardian of the child. Appellant contends that pursuant to this section, the natural mother is the only guardian of the infant girl, because the child was born out of wedlock. However, appellant misconstrues section 744.301(1). The purpose of section 744.301(1) is to protect the interests of the child. Ideally, a child would be best provided for by both his mother and father. A marriage certificate is not a requirement to being a mother or a father. Accordingly, the first sentence of section 744.301(1) must be read to apply to the situation where both the father and mother are known, regardless of whether the parents are married....

...Although appellant raises three issues on appeal, we find the first to be dispositive. Appellant argues that the trial court erred when it followed Allen v. Childress, 448 So.2d 1220 (Fla. 4th DCA 1984), and required him to prove the child's mother unfit in order to obtain custody. § 744.301, Fla....

...s entrusted the custody and control of the person or property, or both, of an incompetent." § 744.102(1), Fla. Stat. (1985) (Emphasis supplied). The law has previously been thought to entrust the custody of an illegitimate child to its mother under section 744.301, Florida Statutes (1985), which provides in part: "The mother of a child born out of wedlock is the natural guardian of the child." Under this analysis, an unwed father has been required to prove the child's mother unfit before he is awarded custody of the child. Yet, that same statutory section also provides: "The mother and father jointly are natural guardians of their own children and of their adopted children, during minority." This portion of section 744.301 is typically interpreted to apply only to married parents for whom the best interest of the child is the determining factor in awarding custody....

...The mother here argues that the father does not have standing to raise the child's constitutional rights. First, we need not reach the constitutional rights issue because we do not believe that the statute discriminates between married and unmarried fathers. Second, we believe that section 744.301 and the above case law grants the natural father inherent guardianship and, thus, standing....

...For example, is the father required to make checks payable to the mother for Devon's support or directly to Devon? If the checks are made to Devon, what authority does the mother have to negotiate the checks? How are bank accounts or property interests to be titled? Finally, section 744.301, Florida Statutes (2002), provides that parents are natural guardians of their children during minority....

...for Lack of Standing. The trial court stated, "[t]he Plaintiff herein lacks standing to bring this suit because he is not the custodial parent. Florida law deems the biological mother as custodial parent of a child born out of wedlock. §§ 742.031; 744.301 Fla....

...at the defendant intentionally interfered with those rights." Stone, 734 So.2d at 1042 (emphasis added). The trial judge in this case determined that the father did not have standing to bring the claim under the two Florida statutes discussed below. Section 744.301(1), Florida Statutes (2007), provides that: The mother and father jointly are natural guardians of their own children and of their adopted children, during minority.... The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise. *749 § 744.301(1), Fla....

...Guardiano, Asst. Atty. Gen., Daytona Beach, for appellant. David S. Morgan, Daytona Beach, for appellee. GRIFFIN, Judge. The State of Florida appeals an order dismissing criminal charges against defendant, David Earl, and declaring unconstitutional section 744.301(1), Florida Statutes (1993), the Florida statute that defines and identifies the natural guardians of children....

...This ruling has not been challenged on appeal and the state concedes the correctness of the dismissal. The state seeks in this appeal only to undo the ruling by the trial court declaring the guardianship statute unconstitutional. We agree with the state that the lower court's declaration that section 744.301(1), Florida Statutes is unconstitutional should be vacated. There are several reasons for our decision. First, resolution of this case does not require a declaration that section 744.301 is unconstitutional....

...It may have been made in response to this court's decision in State v. Badalich, 479 So.2d 197 (Fla. 5th DCA 1985), where we held that a natural parent can be guilty of interference with custody if he has no right to custody. We explained in Badalich that under the 1983 version of section 744.301(1), as further defined in section 744.102(1), the mother of a child born out of wedlock had the right of custody....

...Since, absent a court order, the father of an illegitimate child had no right to custody, a natural father could be guilty of the crime of interference. 479 So.2d at 200. We note, however, that the statutes on which Badalich was based have been amended. It appears that section 744.301(1), which previously defined guardianship in terms of custody, is no longer the key to an interference claim. [2] Although very poorly written, it appears that subsection (2) of section 787.03, added in 1987, is designed to govern the crime of interference with custody by a parent. Thus, the question whether section 744.301 may have some equal protection defect is now irrelevant to the issue of paternal interference with custody. Section 744.301(1) tells us that the unwed mother is the natural guardian but it does not say that the unwed father has no custodial rights. See Barnes v. Frazier, 509 So.2d 401 (Fla. 5th DCA 1987). Even if section 744.301 were to control the interference issue, it must be construed, if possible, to have a constitutional interpretation....

...er" in the sense of a male who has come forward, declared his paternity and acted as a parent in providing emotional, physical and financial support to his child. Id. AFFIRMED in part; REVERSED in part. DIAMANTIS and THOMPSON, JJ., concur. NOTES [1] Section 744.301 reads: 744.301 Natural guardians....

...rity when necessary to protect children. Global Travel Mktg., Inc. v. Shea, 908 So.2d 392, 399 (Fla.2005). The expression of that policy most relevant here is the legislative limitation on parental authority to settle post-injury claims contained in section 744.301(2), Florida Statutes (2007)....

...There is no basis in common law for a parent to enter into a compromise or settlement of a child's claim, or to waive substantive rights of the child without court approval. 59 AM.JUR.2D Parent and Child § 40, 183; Romish v. Albo, 291 So.2d 24, 25 (Fla. 3d DCA 1974). Section 744.301, Florida Statutes, provides a statutory scheme wherein natural guardians are granted limited rights to settle claims on behalf of minors. That statute provides that parents are authorized to settle any claims or causes of action for damages on behalf of their minor child without the necessity of court approval when the amount does not exceed $15,000. § 744.301(2), Fla....

...Accordingly, the judgment of this trial court is REVERSED and remanded for further proceedings. CLARK, J., Concurs; THOMAS, J., Concurs With Opinion. THOMAS, J. Concurring. I concur, but write to rely on an additional ground on which to reverse: the Mother correctly argues that reversal is warranted pursuant to section 744.301, Florida Statutes....

...gical mother, she is entitled to a statutory presumption that she "is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise." § 744.301(1), Fla....

...Hirschman, 903 So.2d 928, 932 (Fla.2005) (holding "unless otherwise provided in the final judgment, the two-part substantial change test used in Cooper applies to modification of all custody agreements.") (citing Cooper v. Gress, 854 So.2d 262 (Fla. 1st DCA 2003)). I respectfully disagree with those decisions that have read section 744.301 as inapplicable where, like here, a biological father purportedly acts like a father. See, e.g., Stewart v. Walker, 5 So.3d 746, 749 (Fla. 5th DCA 2009) (citing State v. Earl, 649 So.2d 297, 298 (Fla. 5th DCA 1995)). Section 744.301(1), Florida Statutes, provides: The mother and father jointly are natural guardians of their own children and of their adopted children, during minority....

...Such an interpretation violates Article II, section three of the Florida Constitution, which compels the judiciary to respect the legislature's authority to make the law, which in the realm of family law, is broad indeed. Here, the trial court's ruling violates section 744.301 by ordering a change in the statutory entitlement to custody without any evidence of a material change in circumstances. Thus, I concur in the majority opinion but would also reverse on the basis of section 744.301, Florida Statutes....

...the child. The trial court abused its discretion in awarding custody to Jane Webb, Bobby's stepmother, in the absence of clear and convincing evidence that Billie Webb, Bobby's natural guardian and natural mother, was unfit or had abandoned her son. Section 744.301(1), Florida Statutes (1987), provides: The mother and father jointly are natural guardians of their own children and of their adopted children, during minority....

...If the marriage is dissolved and neither the father nor the mother is given custody of the child, neither shall act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child. The second district has held that, pursuant to section 744.301(1), the natural guardianship belongs to the parent to whom the custody of the child is awarded, but, if that custodial parent dies, the natural guardianship passes to the surviving parent, and the burden is then upon the person opposi...

...For the reasons which follow, we reverse for reconsideration and reexamination of the fee awards. This proceeding had its genesis in a final judgment of dissolution of marriage which awarded the natural father custody of the minor incompetent child, making him the natural guardian pursuant to section 744.301(1), Florida Statutes (1983)....

...BASED ON THE FACTS OF THIS CASE, IS THERE A LEGAL BASIS TO CHARGE THE DEFENDANT WITH A VIOLATION OF FLA. STAT. 787.02, FALSE IMPRISONMENT, and FLA. STAT. 787.03, INTERFERENCE WITH CUSTODY? The State argues that the child was in the lawful custody of the mother, MARY L. DRIGGERS. See Fla. Stat. 744.301(1)....

...Hence, the dismissal of the false imprisonment charge, a felony, is affirmed. *200 The problem with the misdemeanor charge of interference with lawful custody is a different matter. Chapter 744 of the Florida Guardianship Law entrusts custody of a child born out of wedlock to the mother. Section 744.301(1), Florida Statutes (1983), states, "The mother of a child born out of wedlock is the natural guardian of the child." Section 744.102(1) defines the term "guardian" as "one to whom the law has entrusted the custody and control of the...

...tled to file an action under chapter 742. [3] At the time of his request, the law specified that the mother of a nonmarital child is its natural guardian and is entitled to primary care and custody unless a court enters an order to the contrary. See § 744.301, Fla....

...There is no doubt that today they would rephrased to specify both parents. Ramey v. Fassoulas, 414 So.2d 198, 200 (Fla. 3rd DCA 1982) (now both parents of minor child have sole obligation of support). [2] Unless otherwise indicated, all citations to statutes are to Florida Statutes (1997). [3] Section 744.301 states that a mother and father are the natural guardians of their own children (as well as those they adopt)....

...If the efforts of such parent ... to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. Section 744.301(1), Florida Statutes (1995), provides the mother and father jointly are natural guardians of their children during minority and that in the event of the death of one parent, the natural guardianship passes to the surviving parent....

...At the conclusion of the trial, Mr. Muniz moved for a judgment of acquittal, arguing that he could not be convicted of kidnaping his own child. The trial court denied this motion, reasoning that the mother was the sole natural guardian of this nonmarital child pursuant to section 744.301(1), Florida Statutes (1997). The jury returned a verdict of guilty of battery and of the lesser included offense of kidnaping. The trial court sentenced Mr. Muniz to time served for the battery, and 51.45 months' imprisonment for kidnaping. Section 744.301(1) provides, "The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise." Despite the statute, because it appears that Mr....

...before the court and should be summarily denied as there was no order granting custody of the minor child to the father or which determined parental responsibility of the parties, and that he had no standing *647 to make the request. She also cited section 744.301(1), Florida Statutes, which provides that the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child, unless a court of competent jurisdiction enters an order stating otherwise....

...The father had requested a child pick-up order, not a determination of primary physical residence. "The mother of a child born out of wedlock is the natural guardian of her child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise." § 744.301(1), Fla....

...the husband prefer that the child attend private school must be stricken. An excellent discussion of this issue, the reasoning of which we adopt, is contained in a recent fourth district case not factually on point; that discussion reads as follows: Section 744.301, Florida Statutes (1979), provides in part: If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded....

...d litem was TMRMC, the defendant in the case, and not a family member or other concerned party. ANALYSIS A. Appointment of Guardians Ad Litem Generally A mother and father jointly are the natural guardians of their child during the child's minority. § 744.301(1), Fla....

...a minor." Florida Probate Rule 5.120(a) provides for discretionary appointment of a guardian ad litem in estate and trust proceedings where a minor has no personal representative or guardian, or the personal representative or guardian may have adverse interests. Section 744.301(4)(a), Florida Statutes (2004), permits a court to appoint a guardian ad litem to represent a minor child's interest in any case in which the minor has a gross settlement exceeding $15,000 for a claim for personal injury, property damage or wrongful death....

...urt of competent jurisdiction approve that settlement? We conclude the answer is yes. An outline of the provisions of the 1987 version of the Florida Statutes, which would apply to the 1988 settlement [4] , establishes the following requirements: 1. Section 744.301(2) authorizes the father, as natural guardian, to settle a claim on behalf of his minor child when the amount of the settlement does not exceed $5,000; 2....

...After Kirton , however, the legislature passed a statute to limit its holding by permitting parents to release a commercial activity provider for a child’s injuries occurring as a result of the inherent risk of the activity under certain circumstances. See § 744.301(3) Fla....

...Muniz moved for a judgment of acquittal at the conclusion of trial, asserting that he could not be convicted of kidnapping his own child. The trial court denied the motion, reasoning that the mother was the sole natural guardian of the nonmarital child pursuant to section 744.301(1), Florida Statutes (1997). Id. (citing § 744.301(1), Fla....

...l parent and that both parents were, in fact, at odds regarding the educational decisions to be made concerning their daughter. Under these circumstances the court erred in not granting the School Board's motion to dismiss based on lack of standing. Section 744.301, Florida Statutes (1979), provides in part: If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded....

...any custody proceeding. The mother of a child born out of wedlock is the natural guardian of her child and "is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise." § 744.301(1), Fla....

...We hold that the trial court erred in not admitting the report prepared by the Tennessee Department of Human Services which agency has the same function and purpose as our HRS. We are shocked at the overall inequities which this proceeding presented. Pursuant to Section 744.301(1), Florida Statutes (1983), the mother is the natural guardian of her son....

...isdiction of the circuit court. Diaco v. Diaco, 363 So.2d 183 (Fla. 2d DCA 1978), and Hechler v. Hechler, 351 So.2d 1122 *1223 (Fla. 3d DCA 1977). We thus remand with instructions that custody be awarded to the mother of the child in accordance with Section 744.301(1), Florida Statutes (1983), unless evidence is presented demonstrating unfitness on the part of the mother....

...The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise. § 744.301, Fla....

...rder. He argues that under the UCCJEA, the fact that the child was born out of wedlock has no bearing on the child’s home state, and the plain language of the statute indicates that Florida is the child’s home state. We agree. Applying section 744.301 to proceedings under the UCCJEA would exclude both putative fathers and children born out of wedlock from the jurisdictional protections provided in the statute....

...mother. We have considered the retroactive child support issue raised by the father and find that it has no merit. [3] Reversed in part and remanded for further proceedings consistent with this opinion. GROSS, C.J., and WARNER, J., concur. NOTES [1] Section 744.301, Florida Statutes (2007), provides: "The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise." Section 61.046(3), Fla....

...Both parents are the natural guardians of their children. Whether he was prepared or willing to accept custody, in the event of Mrs. Dubreuil's untimely death for any reason, Mr. Dubreuil would be the children's natural guardian, and would be legally responsible for arranging for their care. § 744.301, Fla....

...Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.106, Fla. Stat. Notice. § 744.301, Fla....

...Accordingly, Infinity did not have a reasonable opportunity to accept a valid offer to settle the claim and, as a matter of law, did not act in bad faith. Similarly, Taylor was without authority to bind his minor daughter on her claim for personal injuries. Section 744.301, Florida Statutes (1990), designates a parent as the natural guardian of a minor and authorizes the natural guardian to settle a claim on behalf of the minor child when the amount of the settlement is less than $5,000....

...act, caused by the injury resulting in death...." [3] The claimants would be the survivors as defined by section 768.18, Florida Statues (1990), and would include Taylor as the surviving spouse along with the two minor children of the decedent. [4] 744.301 Natural guardians.— (1) The mother and father jointly are natural guardians of their own children and of their adopted children, during minority....

...fit of, the child during minority, when the amount involved in any instance does not exceed $5,000, without appointment, authority, or bond. [5] 744.387 Settlement of claims.— (2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $5,000, without bond....

...Editorial changes. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested person. F.S. 733.901 Distribution; final discharge. F.S. 744.106 Notice and virtual representation. F.S. 744.301 Natural guardians....

...Editorial changes. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested person. F.S. 733.901 Distribution; final discharge. F.S. 744.106 Notice and virtual representation. F.S. 744.301 Natural guardians....

...The proceedings began with a petition for adoption in the trial court; however, that petition was eventually dismissed, leaving as the sole issue whether custody should be granted to the natural mother or the natural father of the child. The trial court awarded custody to the father and the mother appeals. Section 744.301(1), Florida Statutes (1983), provides that “[t]he mother of a child born out of wedlock is the natural guardian of the child.” In Allen v. Childress, 448 So.2d 1220 (Fla. 4th DCA 1984), this court held that section 744.301(1) creates a statutory presumption in the mother’s favor as to custody of an out-of-wedlock child and, as such, “there must be a showing that she is unfit in order for the putative father to be awarded custody.” Id....

...3(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.303, Fla.Stat. Representation. § 733.308, Fla.Stat. Administrator ad li-tem. § 733.708, Fla.Stat. Compromise. § 744.301, Fla.Stat....

...Statutory References 731.302, Fla.Stat. Waiver and consent by interested person. § 731.303, Fla.Stat. Representation. 733.901, Fla.Stat. Distribution; final discharge. ch. 737, Fla.Stat. Trust administration. *1328 F.S. 744,106 Notice and virtual representation, RS4 744.301, Fla.Stat....

...“gross amount payable” still exceeds $25,-000. Likewise, the “gross amount payable” cannot be reduced to reflect the present value of the proposed settlement on behalf of the minor. Rule History 1992 Revision: New rule. Statutory References § 744.301, Fla.Stat....

...1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. Statutory References F.S. 731.302 Waiver and consent by interested person. F.S. 733.901 Distribution; final discharge. F.S. 744.106 Notice and virtual representation. F.S. 744.301 Natural guardians....

...Appellee moved to dismiss on the ground that appellant did not have standing to pursue an action as he did not have primary physical residence of his son, although the parents had shared responsibility. The court agreed and dismissed the complaint, and appellant appealed. Section 744.301(2)(a), Florida Statutes, provides "natural guardians" with standing to "[s]ettle and consummate a settlement of any claim or cause of action accruing to any of their minor children for damages to the person or property of any of said minor children." Section 744.301(1), Florida Statutes, defines natural guardian by stating, "If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom custody of the child is awarded....

...sought by appellant. Accordingly, we reverse the trial court order dismissing his petition for parental visitation rights. Although appellee argued on appeal that the action was properly dismissed since appellant erroneously cited to Florida Statute 744.301, we note that appellant filed his petition pro se....

...e attorney’s fees awarded to the two law firms involved. Neither side contests the amount of the fee. The appellant, however, challenges the court’s authority to assess one-half of the fee against it. We agree and reverse. In cases such as this, section 744.301(4)(b), Florida Statutes (1991), provides: “Unless waived, the court shall award reasonable fees and costs to the guardian ad litem to be paid out of the gross proceeds of the settlement.” The statutory language is mandatory....

...of her minor children, to assert and protect her children’s legal rights. In Florida, parents are the natural guardians of their minor children and, upon divorce, if the parents are given joint custody, they continue as the natural guardians. See § 744.301(1), Fla....

...An acknowledgment of paternity under section 742.10 creates a “rebuttable presumption” of paternity if unchallenged after sixty days. § 742.10(1), Fla. Stat. (2014). But that section does not vest the father with any custodial rights regarding the child. Section 744.301(1), Florida Statutes (2014), states that “[t]he mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.” This language was added to the statute in 1997....

...them). We distinguish Stewart v. Walker, 5 So. 3d 746 (Fla. 4th DCA 2009), as a case involving a father’s standing to bring a lawsuit for intentional torts. We also note that Stewart relied on cases decided prior to the statutory amendment to section 744.301(1) quoted above....

LETTS, Judge. Before us is yet another custody battle, this time involving a father who now seeks custody of his five-year-old daughter, originally awarded to the unwed mother at the conclusion of a paternity suit. See § 744.301(1), Fla.Stat....

guardian.” Except to the extent provided in Section 744.301, Florida Statutes, a natural guardian is entitled

...Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.303, Fla. Stat. Representation. § 733.308, Fla. Stat. Administrator ad litem. § 733.708, Fla. Stat. Compromise. § 744.301, Fla....

...Waiver and consent by interested person. § 731.303, Fla. Stat. Representation. § 733.6171, Fla. Stat. Compensation of attorney for the personal representative. § 733.901, Fla. Stat. Distribution; fFinal discharge. ch. 737, Fla. Stat. Trust administration. § 744.301, Fla....

...ds $25,000. Likewise, the “gross amount payable” cannot be reduced to reflect the present value of the proposed settlement on behalf of the minor. Rule History 1992 Revision: New rule. 2003 Revision: Committee notes revised. Statutory References § 744.301, Fla....

...Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.106, Fla. Stat. Notice. § 744.301, Fla....

...athletic participation.” 972 So. 2d at 888. It did not include language that the parent was agreeing not to sue for injuries resulting from risks which were a natural part of the activity. Amicus FHSAA explains that this language was added to the form after the 2010 amendment to section 744.301(3)(b), Florida Statutes, which required this language in any release by a commercial enterprise....

...representative.” § 733.301(2), Fla. Stat. (2020). A “guardian of the property of a ward” is not equivalent to a “natural guardian.” In re Estate of Fisher, 503 So. 2d 962, 964 (Fla. 1st DCA 1987). “Except to the extent provided in Section 744.301, Florida Statutes, a natural guardian is entitled to the charge only of the person, not of the estate of the ward.” Id....

law is the natural guardian of his son, (F.S. § 744.-301) entered an Order, Ex-parte, appointing WILLIE

...r, a paternity hearing was neither required nor permitted.”) (citing § 742.10(1), Fla. Stat.). Nor did the court err when it entered the order denying Schauer’s motion for a child pick-up order. As of July 1, 2023, the Legislature amended section 744.301(1) to provide that “[t]he mother of a child born out of wedlock and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents.” § 744.301(1), Fla. Stat. Florida courts have yet to interpret the new section 744.301(1)....

DCA 1973); § 61.001, et seq., Fla.Stat. (1981); § 744.-301, Fla.Stat. (1981). Further, we note that in Variety

...est interest of Shaber. Parents are considered the natural guardians of their minor children and are authorized, without formal appointment or bond, to settle a claim on behalf of their children when the amount of the settlement is less than $5,000. § 744.301, Fla....

...If the gross amount of the minor's settlement exceeds $25,000, as it does in the instant case, the court must appoint a guardian ad litem to protect the minor’s interest unless a legal guardian has been appointed that has no potential interest adverse to the minor. § 744.301 (4)(a), Fla....

...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References § 731.303, Fla. Stat. Representation. § 733.308, Fla. Stat. Administrator ad litem. § 733.708, Fla. Stat. Compromise. -§ 744.301, Fla....

...Stat. Waiver and consent by interested person. § 731.303, Fla. Stat. Representation. § 733.6171, Fla. Stat. Compensation of attorney for the personal representative. § 733.901, Fla. Stat. Final discharge.- ch. 737, Fla.-Stat. Trust administration, § 744.301, Fla....

...2006 Revision: Amended to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing dollar figure from $25,000 to $50,000 as threshold amount requiring appointment of guardian ad li-tem if interests of minor are not otherwise adequately represented. Committee notes revised. Statutory References § 744.301, Fla....

court may declare the child to be abandoned. Section 744.301(1), Florida Statutes (1995), provides the mother

...ution of their judgment. On appeal, Appellant argues that the Florida Statutes do not authorize a natural guardian to incur debt or place a minor’s assets at risk, especially those under the control of a legal guardian of a minor’s property. See § 744.301, Fla....

...A natural guardianship ordinarily confers only custody of the person, and not of the property, of the child to the guardian. Parents, as natural guardians, however, are expressly authorized to exercise limited powers with regard to the personal property of their children. Section 744.301(2), Florida Statutes (2011), sets out the actions natural guardians may take on behalf of their minor children....

...Compare § 744.387(2) (requiring legal guardianship for settlement authority on behalf of minor when amount of net settlement to minor exceeds $15,000) and § 744.487(3)(b) (requiring guardianship of the property to collect settlement proceeds and execute releases if. settlement exceeds $15,000) with § 744.301(2) (authorizing parents as natural guardians to settle claims and collect proceeds' of settlement without appointment if the amounts received in aggregate do not exceed $15,000)....