KIM GLOCKSON AND JOHN L. MCATEE, APPELLANTS,
v.
NADINE MANNA, APPELLEE
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Parents challenged circuit court orders awarding temporary custody of their children to their aunt under Florida's extended family custody statute. The appellate court reversed, finding the trial court failed to make required findings of parental unfitness and denied the parents adequate procedural safeguards.
The trial court's orders awarding temporary custody to the aunt were reversed because the orders lacked any factual findings and provided no basis for a finding of parental unfitness as required by statute. The case was remanded for a full hearing with proper procedural safeguards.
[1] An award of temporary custody to an extended family member over the objection of a natural parent requires a finding, by clear and convincing evidence, that the parent is…
[2] Orders awarding temporary custody of minor children to an extended family member must include factual findings supporting the award.
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Join FLexlaw to unlock all legal intelligence“an award of temporary custody to an extended family member over the objection of a natural parent may be granted only upon a finding, by clear and convincing evidence, that the parent is unfit, in which case the trial court must make a finding that the parent has abused, abandoned, or neglected the child or children”
Establishes the statutory standard required for awarding custody to extended family over parental objection
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Join FLexlaw to unlock all legal intelligenceNadine Manna, the children's aunt, instituted an action under Florida Statutes chapter 751 seeking temporary custody of the children. An initial ex pa…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Kim Glockson and John L. McAtee, parents of children whose custody is in dispute, filed a petition for writ of habeas corpus with this court challenging two orders of the circuit court awarding temporary custody of the children to their aunt, Nadine Manna. We treat this proceeding as an interlocutory appeal filed pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(c)(iii); we expedite its disposition on our own motion; and we treat the petition and the response as initial and answer briefs respectively. The orders of the circuit court are reversed and we remand for further proceedings.
Nadine Manna instituted an action that appears to be grounded in chapter 751, Florida Statutes (1997), which is entitled Temporary Custody of Minor Children by Extended Family. After an initial ex parte order was entered awarding Manna temporary custody of the children, both biological parents retained counsel to be heard on the ex parte custodial order. It is clear that at no time did the father, John L. McAtee, consent to the custodial award in favor of the children’s aunt, and that he affirmatively objected to it. Section 751.05(3) specifies that an award of temporary custody to an extended family member over the objection of a natural parent may be granted only upon a finding, by clear and convincing evidence, that the parent is unfit, in which case the trial court must make a finding that the parent has abused, abandoned, or neglected the child or children as defined by chapter 39, Florida Statutes (1997).
Neither order entered by the trial court for which review is sought includes factual findings of any kind, and the sparse record we have been provided discloses no basis upon which such a finding might be predicated. Additionally, Glockson and McAtee argue, and the record of one hearing seems to confirm, that they were not afforded a full opportunity to be heard on this matter. Care should be taken by trial courts utilizing chapter 751 when entering custody orders over the objection of biological parents, or simply without their consent, to observe the fundamental procedural safeguards accorded biological parents in dependency proceedings, including, most critically, notice and an opportunity to be heard.
We reverse the orders of the trial court granting Nadine Manna temporary custody of the children, and direct the trial court to conduct a full hearing on Manna’s petition for temporary custody within twenty days unless all parties consent to additional time to prepare for the hearing.
Reversed and remanded with directions.
THREADGILL, A.C.J., and FULMER and GREEN, JJ., concur.
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In the Interest of Temporary Custody OF L.M. and T.M. v. H.M.C., 788 So. 2d 1114 (Fla. 2d DCA 2001)…notarized consent to obtain a formal custody order. See § 751.02, Fla.Stat. (1999). If a parent objects to such a custody order, the relative must prove that the parent is “unfit” by clear and convincing evidence. See § 751.05(3), Glockson v. Manna, 711 So. 2d 1332 (Fla. 2d DCA 1998). Given that the Pinellas County circuit court apparently determined in August 1998 that the children were living with their Father in Hillsborough County at the time the Aunt’s complaint was filed, and that he objected to the proc…
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D.B. v. W.J.P., 962 So. 2d 949 (Fla. 5th DCA 2007)…e the order upon a finding that the parent is a fit parent, or by consent of the parties. The court may modify an order granting temporary custody if the parties consent or if modification is in the best interest of the child. In Glockson v. Manna, 711 So. 2d 1332 (Fla. 2d DCA 1998), the parents appealed an order granting temporary custody of their children to the children’s aunt pursuant to Chapter 751. The appellate court reversed, noting that because the father had objected to the order, the statute re [*9…
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J.R.B. v. J.L.B., 85 So. 3d 1167 (Fla. 4th DCA 2012)…her filed a petition for writ of habeas corpus with this court. We redesignated the father's petition as an appeal of a non-final order which determines child custody in a family law matter. See Fla. R.App. P. 9.130(a)(3)(C)(iii); Glockson v. Manna, 711 So. 2d 1332, 1332 (Fla. 2d DCA 1998).…
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