CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 2066163
...On February 7, the lower court signed and entered the temporary custody order. The mother timely appealed. The order on appeal was entered pursuant to the mediation agreement and Chapter 751. 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....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16762
...He did not sign a written consent. He did not learn of the order until after its entry. At the close of the hearing, the trial court found no evidence of the father’s consent. A checked box on a form order was “not good enough.” The court observed that section 751.04, Florida Statutes (2008), required “reasonable notice and opportunity to be heard ......
...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. 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....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 2566240, 2014 Fla. App. LEXIS 8594
...have conferred pursuant to the Uniform Child Custody Jurisdiction and 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....
...3 Accordingly, we remand the case to the lower court for proceedings consistent with this opinion. REVERSED and REMANDED. EVANDER, COHEN and WALLIS, JJ., concur. . It appears that no legal determination as to R.G.'s paternity status has been made. . See generally §§
61.501-.542, Fla. Stat. (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 75...
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 11000
...On February 7, the lower court signed and entered the temporary custody order. The mother timely appealed. The order on appeal was entered pursuant to the mediation agreement and Chapter 751. 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....
CopyPublished | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 6145, 1999 WL 258264
...Marta Williams did not have knowledge of the September 15, 1997 Emergency Status Conference. The Plaintiffs allege that Pamela Parker-Williams had reasonable knowledge of Marta Williams' location, and no reasonable attempt was ever made to notify Marta Williams of this hearing. Plaintiffs allege under Florida Statute § 751.04 they were not afforded notice or an opportunity to be heard....
