DAVID GOLSTEIN, APPELLANT,
v.
SUSAN GOLSTEIN, APPELLEE
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A circuit court has inherent jurisdiction to consider custody petitions filed by a stepfather, even if not explicitly covered by statute.
A stepfather petitioned for custody of his stepson. The trial court found it lacked jurisdiction to consider the petition.…
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LETTS, Judge.
A stepfather petitioned for custody of his stepson, but the trial court found it had no jurisdiction to consider the petition. We disagree and reverse.
It is true that the wording of Section 61.13(2)(b) of the Florida Statutes (1981), which refers to the “minor children of the parties,” would not appear to envisage or encompass a stepfather absent adoption although the language does not specifically exclude him. However, whenever a minor child resides in this state, a circuit court has inherent jurisdiction to entertain matters pertaining to custody and enter any orders appropriate to that child’s welfare. See Cone v. Cone, 62 So. 2d 907 (Fla.1953).
It is also true that the facts of the Cone case reveal involvement'of a natural father, rather than a stepfather, yet the language employed in that opinion is overpowering in declaring that “independent of statute, a court of chancery has inherent jurisdiction to control and protect infants and their property.” Id. at 908.
Furthermore, this very court in Heffernan v. Goldman, 256 So. 2d 522 (Fla. 4th DCA 1971), upheld the award of custody of two minor children to a stepmother in preference to the natural mother. The Fifth District has likewise approved a custody award to a stepparent. Gorman v. Gorman, 400 So. 2d 75 (Fla. 5th DCA 1981). We therefore reverse the order of the trial judge and remand for further proceedings.
REVERSED AND REMANDED.
BERANEK and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rona E. Yurgel v. Yurgel, 572 So. 2d 1327 (Fla. 1990)…legal principle reflected in both the common and statutory law of this state. Florida law, for instance, clearly holds that a court has inherent continuing jurisdiction over its own custody decrees. Padgett, 445 So. 2d at 635; Golstein v. Golstein, 442 So. 2d 330 (Fla. 4th DCA 1983); Phillips v. Nationwide Mut. Ins. Co., 347 So. 2d 465, 466 (Fla. 2d DCA 1977). See Evans v. Cone, 62 So. 2d 907 (Fla.1953). This principle is equally supported by the well-documented history underlying the UCCJA. Professor Brigi…
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Padgett v. Pettis, 445 So. 2d 633 (Fla. 1st DCA 1984)…d 947, 949 (Fla. 1st DCA 1983); Phillips v. Nationwide Mutual Ins. Co., 347 So. 2d 465, 466 (Fla. 2d DCA 1977); Cooper v. Cooper, 194 So. 2d 278, 281 (Fla. 2d DCA 1967); Brown v. Ripley, 119 So. 2d 712, 717 (Fla. 1st DCA 1960); Golstein v. Golstein, 442 So. 2d 330 (Fla. 4th DCA 1983) [8 FLW 2835], See, Cone v. Cone, 62 So. 2d 907 (Fla.1953). Regarding appellant’s second point on the sufficiency of the evidence, appellant has failed to provide a transcript of the evidentiary hearing leading to the circuit cou…
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Waters v. Waters, 578 So. 2d 874 (Fla. 2d DCA 1991)…hat jurisdiction is not dependent on the case having originated in either a chapter 61 or chapter 39 action or under any other statute. See Padgett v. Pettis, 445 So. 2d 633 (Fla. 1st DCA), dismissed, 450 So. 2d 487 (Fla.1984); Golstein v. Golstein, 442 So. 2d 330 (Fla. 4th DCA 1983). Our ruling is limited to the jurisdictional issue involved and does not relate to the merits, which have yet to be addressed. Reversed. SCHOONOVER, C.J., and DANAHY, J., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cone v. Cone, 62 So. 2d 907 (Fla. 1953)
- Gorman v. Gorman, 400 So. 2d 75 (Fla. 5th DCA 1981)
- Smetana v. State, 256 So. 2d 522 (Fla. 3d DCA 1972)