Landinguin v. Carneal

A child’s parents challenge an order denying their motion to dissolve an ex parte temporary custody order granting the child’s grandparents custody of the child pending determination of their petition for temporary custody. Because the sworn allegations and affidavits were insufficient to grant the temporary custody orders, we reverse.

On July 25, 2002, the grandparents filed a petition for temporary custody of the child pursuant to section 751.03, Florida Statutes (2001), which allows extended family members to seek temporary custody of minor children. Simultaneously, the grandparents filed…