Florida/Georgia Personal Injury & Workers Compensation

...Stevenson, Hollywood, for appellees. Before WELLS, CORTIÑAS, and LAGOA, JJ. LAGOA, Judge. In this proceeding, the appellants, A.N. and A.N., appeal from a final judgment dismissing their emergency petition for temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005)....

...On September 16, 2003, an evidentiary hearing was held on the petition. At the hearing, the appellants presented the testimony of J.'s pediatrician, J.'s school principal, J.A., and others, seeking to establish that the appellees had abandoned J. pursuant to section 751.05(3), Florida Statutes (2005)....

...[2] The appellees then filed various motions, including a motion to dismiss. At a hearing on the motions, the parties agreed that a final hearing was required in order for the court to determine the issue of whether the appellees were "unfit" parents pursuant to section 751.05(3), Florida Statutes (2005), as alleged by the appellants in the original petition....

...McW., 460 So.2d at 370 (quoting State ex rel. Sparks v. Reeves, 97 So.2d 18, 20 (Fla.1957)). This court is not alone in its application of the rule. See Bateman v. Johnson, 818 So.2d 569 (Fla. 2d DCA 2002); Pape; Besade. The Legislature embraced the parental preference rule when it enacted section 751.05(7), Florida Statutes, which specifically provides that a parent may, at any time, petition for termination of a temporary custody order and the trial court must test the petition by determining the fitness of the parent: At any time, either or both of the child's parents may petition the court to terminate the order granting temporary custody upon a finding that the parent requesting the termination of the order is a fit parent, or by consent of the parties. § 751.05(7), Fla....

...§ 751.03, Fla. Stat. (2006). This chapter also requires a court to determine by clear and convincing evidence "that the parent has abused, abandoned, or neglected the child, as defined in chapter 39," if the parent objects to the granting of temporary custody. § 751.05(3), Fla....

...or do anything else necessary for their care. § 751.01(3), Fla. Stat. (2006). Orders granting temporary custody of a child to members of the child's extended family do not inherently appoint that family member as the child's guardian. See generally § 751.05, Fla....

...th biological parents retained counsel to be heard on the ex parte custodial order. It is clear that at no time did the father, John L. McAtee, consent to the custodial award in favor of the children's aunt, and that he affirmatively objected to it. Section 751.05(3) specifies that an award of temporary custody to an extended family member over the objection of a natural parent may be granted only upon a finding, by clear and convincing evidence, that the parent is unfit, in which case the trial...

...A chapter 751 proceeding is designed to allow a relative with custody or a relative with notarized consent to obtain a formal custody order. See § 751.02, Fla.Stat. (1999). If a parent objects to such a custody order, the relative must prove that the parent is "unfit" by clear and convincing evidence. See § 751.05(3), Glockson v....

...[5] Under these circumstances, the addendum can be likened to the temporary custody of minor children by an extended family member authorized by chapter 751, Florida Statutes (1997). This chapter permits a parent to terminate the order so long as the court finds the parent is a fit parent. See § 751.05(7)....

...temporary custody pursuant to an order entered under chapter 751, Florida Statutes. In May 2018, Ms. Seilkop petitioned the court to terminate the Barkers’ temporary custody, asserting that she was now in a position to meet her son’s needs. See § 751.05(6), Fla....

...�immaturity;” and (3) she was unable to adequately care for the child during monthly visitations. The trial court also found that the child is “very bonded to the [Barkers] and removing him abruptly would be detrimental.” This appeal followed. Section 751.05(6) provides in pertinent part 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.” § 751.05(3)(b), Fla....

...5th DCA 2002) (explaining that under the common law parental preference rule, the rights of the parents are paramount unless there is a showing that “the parents are unfit” or that custody in the parents “would be detrimental to the child’s welfare,” and suggesting that the language now codified in section 751.05(6) “embraced” this rule); but of § 751.05(6), Fla....

...Chapter 751 sets forth a statutory procedure for extended family members to obtain temporary custody of a minor. Section 751.04, Florida Statutes, states that "reasonable notice and opportunity to be heard must be given to the parents" before the court can enter a temporary custody order pursuant to Chapter 751. Further, section 751.05 states in pertinent part: (1) At the hearing on the petition for temporary custody, the court must hear the evidence concerning a minor child's need for care by the petitioner, all other matters required to be set forth in the petition, and the objections or other testimony of the child's parents, if present....

...Under these circumstances, the addendum can be likened to the temporary custody of minor children by an extended family member authorized by chapter 751, Florida Statutes (1997). This chapter permits a parent to terminate the order so long as the *952 court finds the parent is a fit parent. See § 751.05(7)....

...he common law rule of parental preference; (2) the mother was not notified of the petition for temporary custody or the proposed order; (3) the court failed to conduct a hearing and give the mother an opportunity to be heard, as required by sections 751.05(4) and (5); and (4) the court failed to make findings required by section 751.05....

because the parents have consented to custody. Section 751.05 requires the trial court to conduct a hearing

...schedule” as the time “that a minor child will spend with each parent”). There are various ways non-parents can have “custody” of a child. See, e.g., § 39.402, Fla. Stat. (2019) (allowing a child believed to be dependent to be sheltered in the custody of a non- parent); § 751.05, Fla....

...But, section 751.02 governs who may bring a petition; it does not address proceedings in which notice and opportunity to be heard are denied. Section 751.04 provides that reasonable notice and an opportunity to be heard must be provided before any decree is made under sections 751.01 through 751.05....

...Here, the maternal grandmother has failed to show any prejudice by the father’s delay. Seventh, the maternal grandmother argues that the father was required to demonstrate his fitness to be a parent or her consent to change the temporary custody, pursuant to section 751.05(6), Florida Statutes (2008)....

...Finally, the maternal grandmother argues the trial court erred in refusing to hear “critical evidence” on the best interests of the child and the father’s fitness to parent. The trial court correctly ruled that these were not proper issues for a motion to vacate.. Those criteria apply to petitions to change custody. § 751.05(6), *938 Fla....

...l father, to the maternal grandparents because it is apparent from the face of the order that the trial court erroneously applied the best interests standard, rather than the applicable clear and convincing standard, when reviewing the evidence. See § 751.05(3), Fla....

...We review an order denying a motion to terminate a temporary custody order originally entered under Chapter 751, Florida Statutes, by agreement of the parties. The trial court denied the motion to terminate on grounds the petitioner was not fit at this time to have custody. See § 751.05(6), Fla....

...2 MAKAR, J., specially concurring. Because the motion to terminate the temporary custody order was not agreed upon by the parties, the trial court had to determine whether the movant-mother, Ashley Williams, was fit. § 751.05(6), Fla....

...Appellee, the mother, then sought sole custody. Ostensibly due to a history of domestic violence involving the parents, the trial court temporarily placed the child in the care of a maternal uncle, with both parties subject to supervised timesharing. See § 751.05(3), Fla....

...Enforcement Act 2 and determined that jurisdiction lies in Florida. We recognize that the trial judge was faced with the difficult task of protecting a very young child. However, section 751.04 entitles the parents of the minor child to notice, and section 751.05 contemplates an evidentiary hearing on the petition....

...(2013). . Section 751.04, Florida Statutes, states: "Before a decree is made under this chapter, reasonable notice and opportunity to be heard must be given to the parents of the minor child by service of process, either personal or constructive.” Section 751.05(1) provides: "At the hearing on the petition for temporary or concurrent custody, the court must hear the evidence concerning a minor child's need for care by the petitioner, all other matters required to be set forth in the petition,...

...child, contained insufficient facts to justify temporary custody over the parents’ objection). Beyond that, and as noted in the circuit court’s order, the mother appeared at the March 2010 hearing and objected to the temporary custody petition. Section 751.05 provides, in pertinent part: (1) At the hearing on the petition for temporary custody, the court must hear the evidence concerning a minor child’s need for care by the petitioner, all other matters required to be set forth in the pet...

...Specifically, the court did not find, by clear and convincing evidence or otherwise, that the mother had abused, abandoned, or neglected her child, as defined in chapter 39. As such, the order granting temporary custody of the child to the grandmother was facially erroneous. See § 751.05(3); K.N.B....

...as unfit could be predicated); see also D.B. v. W.J.P., 962 So.2d 949, 952 (Fla. 5th DCA 2007) (concluding that the court erred in granting temporary custody to a grandmother when, among other things, “the court failed to make findings required by section 751.05”)....

...Finally, the mother has alleged to us that she has been denied access to her child since the circuit court entered the temporary custody order. The court’s order did not address the mother’s entitlement to visitation with her child even though section 751.05(4) provides that “[t]he order granting temporary custody of the minor child to the petitioner may also grant visitation rights to the child’s parent or parents, if it is in the best interest of the child to do so.” Of course, thi...

...the child, contained insufficient facts to justify temporary custody over the parents' objection). Beyond that, and as noted in the circuit court's order, the mother appeared at the March 2010 hearing and objected to the temporary custody petition. Section 751.05 provides, in pertinent part: (1) At the hearing on the petition for temporary custody, the court must hear the evidence concerning a minor child's need for care by the petitioner, all other matters required to be set forth in the petition, and the objections or other testimony of the child's parents, if present....

...Specifically, the court did not find, by clear and convincing evidence or otherwise, that the mother had abused, abandoned, or neglected her child, as defined in chapter 39. As such, the order granting temporary custody of the child to the grandmother was facially erroneous. See § 751.05(3); K.N.B....

...was unfit could be predicated); see also D.B. v. W.J.P., 962 So.2d 949, 952 (Fla. 5th DCA 2007) (concluding that the court erred in granting temporary custody to a grandmother when, among other things, "the court failed to make findings required by section 751.05"). Finally, the mother has alleged to us that she has been denied access to her child since the circuit court entered the temporary custody order. The court's order did not address the mother's entitlement to visitation with her child even though section 751.05(4) provides that "[t]he order granting temporary custody of the minor child to the petitioner may also grant visitation rights to the child's parent or parents, if it is in the best interest of the child to do so." Of course, this stat...

...A chapter 751 proceeding is designed to allow a relative with custody or a relative with notarized consent to obtain a formal custody order. See § 751.02, Fla.Stat. (1999). If a parent objects to such a custody order, the relative must prove that the parent is “unfit” by clear and convincing evidence. See § 751.05(3), Glockson v....

...Chapter 751 sets forth a statutory procedure for extended family members to obtain temporary custody of a minor. Section 751.04, Florida Statutes, states that “reasonable notice and opportunity to be heard must be given to the parents” before the court can enter a temporary custody order pursuant to Chapter 751. Further, section 751.05 states in pertinent part: (1) At the hearing on the petition for temporary custody, the court must hear the evidence concerning a minor child’s need for care by the petitioner, all other matters required to be set forth in the petition, and the objections or other testimony of the child’s parents, if present....

...the common law rule of parental preference; (2)the mother was not notified of the petition for temporary custody or the proposed order; (3) the court failed to conduct a hearing and give the mother an opportunity to be heard, as required by sections 751.05(4) and (5); and (4) the court failed to make findings required by section 751.05....

...Under these circumstances, the addendum can be likened to the temporary custody of minor children by an extended family member authorized by chapter 751, Florida Statutes (1997). This chapter permits a parent to terminate the order so long as the *952 court finds the parent is a fit parent. See § 751.05(7)....

...vidence, that the child’s parent or parents are unfit to provide the care and control of the child. In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in chapter 39. § 751.05(3), Fla....

...While the grandparents here are seeking temporary custody under a different statute, that law recognizes the holdings of Beagle and Von Eiff that one seeking temporary custody over the objection of the parent must show that the parent is unfit. See § 751.05(3)....

...tion, the court also erred for this reason in awarding temporary custody to the grandparents and denying the parents’ motion to dissolve. At the hearing on the motion to dissolve, the grandparents suggested they could show “abandonment.” While section 751.05(1) provides for an evidentiary hearing on the issue of temporary custody, here the grandparents have failed to allege sufficient facts to justify temporary custody over the parents’ objection....

...Under these circumstances, the addendum can be likened to the temporary custody of minor children by an extended family member authorized by chapter 751, Florida Statutes (1997). This chapter permits a parent to terminate the order so long as the court finds the parent is a fit parent. See § 751.05(7)....

So. 2d 525, 527 (Fla. 4th DCA 2003) (quoting § 751.05(3), Fla. Stat. (2001)) (“where one parent objects

LAGOA, Judge. In this proceeding, the appellants, A.N. and A.N., appeal from a final judgment dismissing their emergency petition for temporary custody of a minor child pursuant to section 751.05(3), Florida Statutes (2005)....

...On September 16, 2003, an evidentiary hearing was held on the petition. At the hearing, the appellants presented the testimony of J.’s pediatrician, J.’s school principal, J.A., and others, seeking to establish that the appellees had abandoned J. pursuant to section 751.05(3),, Florida Statutes (2005)....

...2 The appellees then filed various motions, including a motion to dismiss. At a hearing on the motions, the parties agreed that a final hearing was required in order for the court to determine the issue of whether the appellees were “unfit” parents pursuant to section 751.05(3), Florida Statutes (2005), as alleged by the appellants in the original petition....

...Although the Father raises several issues on appeal, we conclude that he has not established reversible error and affirm the Temporary Order. The Temporary Order terminates an earlier order that granted temporary custody of J.B. to Carol Howard, the maternal grandmother (the Grandmother). See § 751.05(6), Fla....

...father proved either: (1) the biological father was unfit; or (2) remaining with the biological father would result in demonstrable harm to the minor child. Here, the step-father filed for temporary custody under chapter 751, Florida Statutes. Section 751.05(3)(b), governs a temporary custody request by an extended family member over the 3 objection of a natural parent and provides for the preference of a natural parent to retain custody unless the natur...