RAYMOND E. WATERS AND MARY I. WATERS, APPELLANTS,
v.
MELISSA FAITH WATERS AND MICKEY TURNER, APPELLEES
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A circuit court possesses inherent jurisdiction over child custody matters, independent of a dissolution or dependency proceeding.
Appellants sought custody of their grandchild, with the child's parents agreeing to the arrangement. The trial court dismissed the petition, finding i…
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SCHEB, Judge.
This appeal involves a circuit court’s jurisdiction in custody matters. The appellants, Raymond and Mary Waters, sought custody of their grandchild. The appellees, Melissa Waters, daughter of the appellants and mother of the child, and Mickey Turner, the father, agreed that custody should be with the appellants.
The trial court, however, dismissed the appellants’ petition with prejudice, finding that it did not have jurisdiction. The reason given was that the petition was not filed in the context of a dissolution action under chapter 61, Florida Statutes (1989), or a dependency proceeding under chapter 39, Florida Statutes (1989). Absent one of those proceedings, the trial court concluded it was powerless to grant custody. We disagree.
In Cone v. Cone, 62 So. 2d 907 (Fla.1953), the court stated that a circuit court has inherent jurisdiction over minor children as to their custody and welfare. That 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.
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I.B. and D.B. v. Dep't of Child. & Families, 876 So. 2d 581 (Fla. 5th DCA 2004)…termining issues relating to children to consider the child’s best interests. See Department of Children & Family Services v. Interest of J.C., 847 So. 2d 487 (Fla. 3d DCA 2002); Bilbo v. Bilbo, 688 So. 2d 1031 (Fla. 5th DCA 1997); Waters v. Waters, 578 So. 2d 874 (Fla. 2d DCA 1991). The trial court’s resolution of this case on separation of powers grounds may have been appropriate if, for example, the child was being cared for by a third party and neither the foster parents nor the relatives had formed any…
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Mmma v. Jonely, 677 So. 2d 343 (Fla. 5th DCA 1996)…1995); Meeks v. Garner, 598 So. 2d 261 (Fla. 1st DCA 1992), Kennedy v. Kennedy, 559 So. 2d 713 (Fla. 5th DCA 1990); Fleming v. Brown, 581 So. 2d 202 (Fla. 5th DCA 1991); McCaskill v. McCaskill, 477 So. 2d 36 (Fla. 2d DCA 1985); cf. Waters v. Waters, 578 So. 2d 874 (Fla. 2d DCA 1991). To permit an “interested person,” outside the procedures authorized by Florida Statutes, to have court appointed guardians and psychologists monitor someone else’s child and report to the court, presumably with an end of orderin…
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)
- Padgett v. Pettis, 445 So. 2d 633 (Fla. 1st DCA 1984)
- Golstein v. Golstein, 442 So. 2d 330 (Fla. 4th DCA 1983)