Hammond v. Howard

The natural mother, Kristy Hammond, appeals the order denying her petition to modify the temporary custody order governing her son, T.H., born September 2, 1994. Kristy, pro se, asserts that continuation of T.H. in the custody of Jo Ann Howard, Kristy's mother, is not in the best interest of T.H. because of the environment T.H. faces in Jo Ann's home. Jo Ann, also acting pro se, seeks continued custody of the child. We are compelled to reverse and remand the cause based upon the trial court's initial failure to use the correct legal standard to test Kristy's petition. When T.H. was six months old, Kristy executed a written consent which provided that her mother, Jo Ann, was to have temporary custody of T.H. until Kristy got a job, a residence and a vehicle and straightened out her life. When it was discovered that T.H. needed surgery and the hospital refused to admit T.H. without the consent of a legal guardian, Jo Ann, in December 1997, obtained a temporary custody order. This order was rendered pursuant to a chapter 751 proceeding, which allows a relative with custody or a relative with signed, notarized consent to obtain a formal custody order. See § 751.02, Fla. Stat. (2001). Kristy's whereabouts were unknown at this time - she had disappeared after being released from jail in November 1997.