JAMES BRADLEY SIMONS, PETITIONER,
v.
JESSE HADDOCK AND KAY HADDOCK, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court departed from the essential requirements of law by granting intervention without an evidentiary hearing on standing.
Maternal grandparents sought custody of minor children and were granted intervention by the trial court. The trial court did not conduct an evidentiar…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Child Custody cases and more on FLexlaw
PER CURIAM.
Petitioner, James Bradley Simons, seeks review by petition for writ of certiorari of the trial court’s order granting the motion of his minor children’s maternal grandparents to intervene in a pending child custody proceeding. Respondents seek custody of the minor children pursuant to section 61.13(7), Florida Statutes (Supp.1996).
The trial court granted respondents’ petition to intervene without conducting an evidentiary hearing to first determine their standing to seek custody as provided by section 61.13(7). In Anderson v. Garcia, 673 So. 2d 111 (Fla. 4th DCA 1996), we said:
[S]eetion 61.13(7) does not provide per se standing to all grandparents seeking to affect their grandchildren’s custody arrangements. On remand, Appellants still have the burden of demonstrating that they meet the requirements of section 61.13(7) before pursuing their custody claims.
673 So. 2d at 112. The trial court departed from the essential requirements of law when it granted respondents’ petition for intervention without first conducting a hearing on standing. We therefore quash the order of intervention and remand this cause for further proceedings consistent herewith.
CERTIORARI GRANTED.
GLICKSTEIN, DELL and FARMER, JJ., concur.