K.S. AND R.G., APPELLANT,
v.
E.S. AND T.S., APPELLEE

Fla. 5th DCA | 2014-06-06
Nos. 5D13-3612, 5D13-4398
EVANDER, COHEN and WALLIS, JJ., concur.
161 So. 3d 456 Florida District Court of Appeal, Fifth District (2014)

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Holding

The court held that parents are entitled to notice and an evidentiary hearing before temporary custody is granted to extended family.


Facts & Procedural History

Appellees (grandparents) filed a petition for temporary custody of a minor child. Appellants (parents) are appealing a non-final order granting tempor…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants, K.S. and R.G., are the natural mother and putative father of the minor child, A.S.1 They appeal from a nonfi-nal order granting temporary custody to Appellees, the minor child’s maternal grandparents. The case was initiated by Appellees when they filed a petition for temporary custody by extended family pursuant to section 751.02, Florida Statutes. The factual and procedural history of the ease is tortured, and our record seems to be incomplete. Although proceedings , involving the minor child were also initiated in Tennessee, the Florida and Tennessee courts have conferred pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act2 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.


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