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AMENDED PETITION FOR
TEMPORARY CUSTODY BY
EXTENDED FAMILY MEMBER
(FLA. STAT. CH. 751)
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
FAMILY LAW DIVISION
Case No.:
51-2018-DR-4927-WS
IN THE MATTER OF:
ARABELLA MCSHAN-JOHNSON CRYSTAL JOHNSON,
Petitioner,
and
ANNA JOHNSON
NEGAIL SHARON MCHAN JR.
Respondents.
COMES NOW, CRYSTAL JOHNSON by and through the undersigned attorney, pursuant to Florida Statutes 751.03, and files this Petition for Temporary Custody by Extended Family Member and states as follows:
1. This is an action for custody pursuant to Florida Statute Chapter 751.
2. Petitioner Crystal is sui juris (18 years of age or older and not legally incapacitated) and is a resident of Pinellas County, Florida.
3. The Petitioner resides at 4950 41st Avenue North, St. Petersburg, FL 33709.
4. The child subject to this action is:
Child's Name
Aarabella Anne-Matise
McShan-Johnson
Gender Birth Date
Female 09/28/2017
Birthplace West Virginia
5. There is no legal father listed on the minor child's birth certificate. Minor child's birth certificate is filed contemporaneously with this Amended Petition.
6. The minor child's biological father is Negail Sharon McShan Jr. Paternity was previously determined by DNA testing.
7. The current address of the minor child is: 4950 41st Avenue North, St. Petersburg, FL 33709. This has been her address since June, 2018.
8. The Petitioner is the minor child's maternal grandmother.
9. The names and current addresses of the persons with whom the child has lived with during the last five years are:
a. Crystal Johnson, 4950 4151 Avenue North, St. Petersburg, FL 33709.
b. Crystal Johnson, 17501 142nd Ave. N. Lot 513, Largo, FL 33709
10. The names and address of the minor child's parents are:
a. Natural or Legal Father: Negail Sharon McShan Jr. current address unknown
b. Natural and Legal Mother: Anna Johnson, Current address unknown.
11. Neither party is in the military service of the United States or any of its allies.
12. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit was filed by the Petitioner.
13. The Mother of the minor child signed a sworn Affidavit to Relinquish Rights and give temporary custody to the Petitioner on October 2nd, 2018.Said Affidavit is in the Court file.
14. The Mother signed and filed a Motion for Waiver of Service on October 8th, 2018. Said Motion is in the Court file.
15. The Petitioner is the proper person to be awarded temporary care, custody, and control over the minor child in that the Petitioner is able to provide a safe and stable home for the child. The Petitioner believes the needs of the minor child are best addressed if the child resides with her as she is financially and emotionally able to provide for her care and has done so throughout the majority of the minor child's life.
16. There is a child support proceeding in this state under Case No. 19-005195-FD-9 in regards to this child.
17. There are no known orders for protection entered on behalf of the parties in this matter or the minor child.
18. It is in the child's best interest that this Petition be granted.
19. The Mother continually neglects and/or abandons the child and the Petitioner has stepped in as her caregiver. The Mother is unable to provide proper care for the child at this time and it is in the best interest of the child for the Petitioner to continue to assume temporary custody of the minor child so as to best protect the child's well being and safety. The Mother's mental health and lack of stable housing significantly interferes with her ability to parent.
20. In order to do so effectively, the Petitioner needs the authority to make decisions about and consent to the child's education, religious, and recreational activities and undertakings, the authority to make decisions about and consent to the child's medical, dental, and psychiatric care, and the ability to obtain copies of records held by third parties relevant to the child's care.
21. The Petitioner seeks temporary custody of the child until such time as the child reaches the age of majority, the Petitioner agrees the Mother is a fit parent, or for such other time period as is in the best interests of the minor child as determined by this Court.
22. The Petitioner has agreed that visitation shall be maintained between the Mother and child so long as it is in the best interest of the child, and the Petitioner, as the legal custodian, should make the final determination as to what is in the child's best interest.
WHEREFORE, the Petitioner prays for the entry of a judgment awarding the Petitioner temporary care, custody, and control of the minor child named herein and granting petitioner the authority to consent to all necessary and reasonable medical and dental care for the child, including, but not limited to, medical screening, immunizations and PPT-Tuberculin testing, non-emergency surgery and psychiatric care; to secure copies of the child's records, held by third parties, that are necessary to the care of the child, including but not limited to medical, dental, psychiatric records, birth certificates, birth records, and educational records; to consent to school or daycare enrollment and grant or withhold consent for a child to be tested or placed in special school programs, including, but not limited, exceptional education, after school programs, holiday recreational programs, field trips; and to do all other things necessary for the care of the child, and such other relief as the Court deems appropriate.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext 8110 (V) in Dade City, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711. The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
Respectfully Submitted,
Erin K. Barnett, Esq.
Barnett Woolums, P.A.
FBN: 568961
6501 First Avenue South
St. Petersburg, Florida 33707
Ph. (727)525-0200;
Fax (727)525-0211
Primary email:
[email protected]
Secondary email:
[email protected]
Attorney for the Petitioner
November 8, 15, 22, 29, 2019
19-02424P