Florida/Georgia Personal Injury & Workers Compensation

...without the consent of a legal guardian, Jo Ann, in December 1997, obtained a temporary custody order. This order was rendered pursuant to a chapter 751 proceeding, which allows a relative with custody or a relative with signed, notarized consent to obtain a formal custody order. See § 751.02, Fla....

...He formally objected to the petition and challenged the court's jurisdiction in an answer and motion to dismiss filed in May 1999. 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....

therefore, the child is not a dependent child. Section 751.02 provides that any extended family member who

...r of the section 61.520(2) factors, although it is not apparent from the record in this case whether the trial court considered the information in the Aunt's motions in deciding to relinquish jurisdiction. 6 751.02(1)(a), Florida Statutes (2023), argues that she too is entitled to be heard on the section 61.520(2) factors, and we agree. The initial trial court granted the Aunt temporary custody of the minor child based on the parents' consents pursuant to section 751.02(1)(a)....

...The court’s finding on this issue is supported by competent substantial evidence. Cf. Mitchell v. Northstar Panama City Beach, Inc., 171 So.3d 833 (Fla. 1st DCA 2015); Suleiman v. Yunis, 168 So.3d 319 (Fla. 5th DCA 2015). Second, the maternal grandmother argues the father’s written consent was unnecessary under section 751.02(1), Florida Statutes (2008). 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....

...Florida at the time the petition was filed, the aunt failed to demonstrate she was an “extended family member who is caring full time for the child[ren] in the role of a substitute parent and with whom the child[ren] [are] presently living.” § 751.02(1)(b), Fla....

...While jurisdiction under the UCCJEA is a prerequisite to all child custody determinations, as aptly observed by the family court judge, chapter 751 of the Florida Statutes imposes additional hurdles for nonconsensual petitions for extended family custody. Specifically, section 751.02(1)(b), Florida Statutes, limits such petitions to an “extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.” This particular standing require...

...ith the Warmkes because the Mother could not afford to provide health insurance for the child. The Mother stated that to her knowledge, the agreement had not been submitted to a circuit court as a petition for temporary custody of a minor child, see § 751.02, Fla....

...Reversed and remanded with directions. WHATLEY, NORTHCUTT and KELLY, JJ., Concur. . The court was mistaken. The custody-agreement did not legally transfer custody to the Warmkes because it was never ratified by the circuit court in an order awarding temporary custody. Section 751.02, Florida Statutes (2003), provides that “any relative of a minor child who has the signed, notarized consent of the child’s legal parents, or any relative of the child ......

...and R.G., are the natural mother and putative father of the minor child, A.S. 1 They appeal from a nonfi-nal order granting temporary custody to Appellees, the minor child’s maternal grandparents. The case was initiated by Appellees when they filed a petition for temporary custody by extended family pursuant to section 751.02, Florida Statutes....

...He formally objected to the petition and challenged the court’s jurisdiction in an answer and motion to dismiss filed in May 1999. 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....

...The statute allows proceedings to be brought by “(a) [a]ny extended family member who has the signed, notarized consent of the child’s legal parents; or (b) [a]ny extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.” § 751.02(1)(a)–(b), Fla....

...Chapter 751 permits grandparents (as extended family members) to seek temporary custody of a minor child without the parents’ consent by demonstrating “that the parents have abused, abandoned, or neglected the child as defined in chapter 39.” § 751.03(9), Fla. Stat. (2011). Section 751.02, however, limits such petitions, in the absence of parental consent, to an “extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.” § 751.02(l)(b), Fla....

...Our decision does not preclude the grandparents or the Department of Children and Families from bringing a dependency action pursuant to chapter 39, Florida Statutes. Nor does our decision prohibit the parents from consenting to the grandparents’ temporary or concurrent custody of the minor children pursuant to section 751.02(l)(a)....

...Chapter 751 permits grandparents (as extended family members) to seek temporary custody of a minor child without the parents' consent by demonstrating "that the parents have abused, abandoned, or neglected the child as defined in chapter 39." § 751.03(9), Fla. Stat. (2011). Section 751.02, however, limits such petitions, in the absence of parental consent, to an "extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living." § 751.02(1)(b), Fla....

...Our decision does not preclude the grandparents or the Department of Children and Families from bringing a dependency action pursuant to chapter 39, Florida Statutes. Nor does our decision prohibit the parents from consenting to the grandparents' temporary or concurrent custody of the minor children pursuant to section 751.02(1)(a)....