The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.301

744.301 Natural guardians.—

(1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parents’ parental rights have been terminated pursuant to chapter 39. If a child is the subject of any proceeding under chapter 39, the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child’s best interests. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents. If a father has not established paternity under s. 742.011 or s. 742.10(1), the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.

(2) Except as otherwise provided in this chapter, on behalf of any of their minor children, and without appointment, authority, or bond if the amounts received in the aggregate do not exceed $15,000, natural guardians may:

(a) Settle and consummate a settlement of any claim or cause of action accruing to any of their minor children for damages to the person or property of any minor children;

(b) Collect, receive, manage, and dispose of the proceeds of any settlement;

(d) Collect, receive, manage, and dispose of and make elections regarding the proceeds from a life insurance policy or annuity contract payable to, or otherwise accruing to the benefit of, the child; and

(e) Collect, receive, manage, dispose of, and make elections regarding the proceeds of any benefit plan as defined in s. 710.102, of which the minor is a beneficiary, participant, or owner.

(3) In addition to the authority granted in subsection (2), natural guardians are authorized, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity.

(a) As used in this subsection, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to:

1. The failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and

2. The risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the activity provider or its owners, affiliates, employees, or agents.

(b) To be enforceable, a waiver or release executed under this subsection must, at a minimum, include the following statement in uppercase type that is at least 5 points larger than, and clearly distinguishable from, the rest of the text of the waiver or release:

NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF (name of released party or parties) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM (name of released party or parties) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND (name of released party or parties) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

(c) If a waiver or release complies with paragraph (b) and waives no more than allowed under this subsection, there is a rebuttable presumption that the waiver or release is valid and that any injury or damage to the minor child arose from the inherent risk involved in the activity.

1. To rebut the presumption that the waiver or release is valid, a claimant must demonstrate by a preponderance of the evidence that the waiver or release does not comply with this subsection.

2. To rebut the presumption that the injury or damage to the minor child arose from an inherent risk involved in the activity, a claimant must demonstrate by clear and convincing evidence that the conduct, condition, or other cause resulting in the injury or damage was not an inherent risk of the activity.

3. If a presumption under this paragraph is rebutted, liability and compensatory damages must be established by a preponderance of the evidence.

(d) Nothing in this subsection limits the ability of natural guardians, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a noncommercial activity provider, or its owners, affiliates, employees, or agents, to the extent authorized by common law.

(4) All instruments executed by a natural guardian for the benefit of the ward under the powers specified in this section are binding on the ward. The natural guardian may not, without a court order, use the property of the ward for the guardian’s benefit or to satisfy the guardian’s support obligation to the ward.

History.—s. 1, ch. 74-106; s. 8, ch. 75-166; s. 7, ch. 75-222; s. 1, ch. 77-190; s. 3, ch. 79-221; s. 17, ch. 89-96; s. 22, ch. 92-200; s. 66, ch. 95-211; s. 73, ch. 97-170; s. 11, ch. 2002-195; s. 8, ch. 2005-101; s. 3, ch. 2006-178; s. 2, ch. 2010-27; s. 1, ch. 2012-48; s. 5, ch. 2015-112; s. 3, ch. 2023-209.

Note.—Created from former s. 744.13.

F.S. 744.301 on Google Scholar

F.S. 744.301 on Casetext

Amendments to 744.301

Arrestable Offenses / Crimes under Fla. Stat. 744.301

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.301.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE BENITEZ,, 250 So. 3d 153 (Fla. App. Ct. 2018)

. . . Benitez moved for reconsideration, contending that subsection 744.301(1), Florida Statutes (2016), confers . . .

BAKER, v. TUNNEY,, 201 So. 3d 1235 (Fla. Dist. Ct. App. 2016)

. . . . § 744.301, Fla. Stat. (2015) (emphasis added). . . . Applying section 744.301 to proceedings under the UCCJEA would exclude both putative fathers and children . . .

WISEKAL, v. LABORATORY CORPORATION OF AMERICA HOLDINGS C., 182 F. Supp. 3d 1296 (S.D. Fla. 2016)

. . . property to collect settlement proceeds and execute releases if. settlement exceeds $15,000) with § 744.301 . . .

In J. S. J. v. J. PENA, M. D., 109 So. 3d 1281 (Fla. Dist. Ct. App. 2013)

. . . See § 744.301, Fla. Stat. (2011). . . . Section 744.301(2), Florida Statutes (2011), sets out the actions natural guardians may take on behalf . . .

GOODMAN, v. GOODMAN,, 126 So. 3d 310 (Fla. Dist. Ct. App. 2013)

. . . See § 744.301(1), Fla. Stat. (2010). See also Doe v. . . .

CLAIRE S BOUTIQUES, INC. v. LOCASTRO, a, 85 So. 3d 1192 (Fla. Dist. Ct. App. 2012)

. . . Section 744.301, Florida Statutes, has been recently amended to authorize a parent “to waive and release . . . personal injury, including death, and property damage resulting from an inherent risk in the activity.” § 744.301 . . . the right of a parent to waive his or her child’s negligence claims against the activity provider. § 744.301 . . . See § 744.301(3) Fla. Stat. (2010). . . .

DAVILA, v. STATE, 75 So. 3d 192 (Fla. 2011)

. . . reasoning that the mother was the sole natural guardian of the nonmarital child pursuant to section 744.301 . . . (citing § 744.301(1), Fla. . . .

R. BAINBRIDGE, v. PRATT, Jr., 68 So. 3d 310 (Fla. Dist. Ct. App. 2011)

. . . ground on which to reverse: the Mother correctly argues that reversal is warranted pursuant to section 744.301 . . . custody of the child unless a court of competent jurisdiction enters an order stating otherwise.” § 744.301 . . . I respectfully disagree with those decisions that have read section 744.301 as inapplicable where, like . . . Section 744.301(1), Florida Statutes, provides: The mother and father jointly are natural guardians of . . . Thus, I concur in the majority opinion but would also reverse on the basis of section 744.301, Florida . . .

W. McLAUGHLIN, v. DEBORD,, 14 So. 3d 1222 (Fla. Dist. Ct. App. 2009)

. . . Section 744.301, Florida Statutes (2007), provides: "The mother of a child born out of wedlock is the . . .

F. STEWART, v. S. WALKER,, 5 So. 3d 746 (Fla. Dist. Ct. App. 2009)

. . . Section 744.301(1), Florida Statutes (2007), provides that: The mother and father jointly are natural . . . custody of the child unless a court of competent jurisdiction enters an order stating otherwise. § 744.301 . . .

KIRTON, v. FIELDS, v. H. v., 997 So. 2d 349 (Fla. 2008)

. . . See §§ 744.301, 744.387, Fla. Stat. (2003). . . . guardian ad litem and court approval are necessary under certain circumstances pursuant to sections 744.301 . . . the legislative limitation on parental authority to settle post-injury claims contained in section 744.301 . . . of a pre-injury release falls squarely within the parent’s authority to settle pursuant to section 744.301 . . . execute a pre-injury release on behalf of a minor child does not fall within the purview of section 744.301 . . . Section 744.301, Florida Statutes (2007), applies to situations where a minor child already has a cause . . .

R. GORDON, o b o P. G. a v. H. COLIN,, 997 So. 2d 1136 (Fla. Dist. Ct. App. 2008)

. . . Section 744.301(2)(a), Florida Statutes, provides “natural guardians” with standing to “[sjettle and . . . Section 744.301(1), Florida Statutes, defines natural guardian by stating, “If the marriage between the . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.301, Fla. Stat. Natural guardians. § 744.3085, Fla. Stat. . . .

WILLIAMS, v. PRIMERANO,, 973 So. 2d 645 (Fla. Dist. Ct. App. 2008)

. . . She also cited section 744.301(1), Florida Statutes, which provides that the mother of a child born out . . . custody of the child unless a court of competent jurisdiction enters an order stating otherwise.” § 744.301 . . .

APPLEGATE v. CABLE WATER SKI, L. C. d b a, 974 So. 2d 1112 (Fla. Dist. Ct. App. 2008)

. . . the legislative limitation on parental authority to settle post-injury claims contained in section 744.301 . . .

FIELDS, v. H. KIRTON R. d b a, 961 So. 2d 1127 (Fla. Dist. Ct. App. 2007)

. . . Section 744.301, Florida Statutes, provides a statutory scheme wherein natural guardians are granted . . . their minor child without the necessity of court approval when the amount does not exceed $15,000. § 744.301 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . . § 744.301, Fla. Stat. Natural guardians. § 744.3201, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . -§ 744.301, Fla. Stat. Natural guardians. § 744,3025, Fla. Stat. . . . Trust administration, § 744.301, Fla. Stat. Natural guardians, Fla. Prob. . . . Statutory References § 744.301, Fla. Stat. Natural guardians. § 744.3025, Fla. Stat. . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . . § 744.301(1), Fla. Stat. (2004). . . . Section 744.301(4)(a), Florida Statutes (2004), permits a court to appoint a guardian ad litem to represent . . .

J. PEREZ, v. GILEDES a k a, 912 So. 2d 32 (Fla. Dist. Ct. App. 2005)

. . . .” § 744.301(1), Fla. Stat. See also Muniz v. State, 764 So.2d 729 (Fla. 2d DCA 2000). . . .

GLOBAL TRAVEL MARKETING, INC. v. R. SHEA,, 908 So. 2d 392 (Fla. 2005)

. . . Under section 744.301(2), Florida Statutes (2004), parents, acting as the natural guardians of their . . . See § 744.301(4)(a); Fla. Stat. (2004). . . . guardian ad litem and court approval are necessary under certain circumstances pursuant to sections 744.301 . . . the natural guardianship shall belong to the parent to whom the custody of the child is awarded.” § 744.301 . . .

TAYLOR, Jr. v. E. BONSALL, f k a E., 875 So. 2d 705 (Fla. Dist. Ct. App. 2004)

. . . Finally, section 744.301, Florida Statutes (2002), provides that parents are natural guardians of their . . .

R. SHEA, v. GLOBAL TRAVEL MARKETING, INC. d b a d b a, 870 So. 2d 20 (Fla. Dist. Ct. App. 2003)

. . . . §§ 744.387(2) and 744.301(1), Fla. Stat. (2001). . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.301, Fla. Stat. Natural guardians. § 744.387, Fla. Stat. . . . Trust administration. § 744.301, Fla. Stat. Natural guardians. Rule References Fla. Prob. . . . Statutory References § 744.301, Fla. Stat. Natural guardians. § 744.387, Fla. Stat. . . .

H. WILSON, v. GRIFFITHS,, 811 So. 2d 709 (Fla. Dist. Ct. App. 2002)

. . . . § 744.301, Fla. Stat. (1999). . . . interest unless a legal guardian has been appointed that has no potential interest adverse to the minor. § 744.301 . . .

DUDLEY v. McCORMICK,, 799 So. 2d 436 (Fla. Dist. Ct. App. 2001)

. . . See 744.301(2), Fla. Stat. (1999). But Marcello Dudley was the real party in interest. . . .

INFINITY INSURANCE COMPANY, v. L. BERGES,, 806 So. 2d 504 (Fla. Dist. Ct. App. 2001)

. . . Section 744.301, Florida Statutes (1990), designates a parent as the natural guardian of a minor and . . . and would include Taylor as the surviving spouse along with the two minor children of the decedent. . 744.301 . . . Settlement of claims.— (2) In the same manner as provided in subsection (1) or as authorized by s. 744.301 . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . See § 744.301(1), Fla.Stat. (1999). . See § 394.451-.4789, Fla.Stat. (2000). . . .

HERNANDEZ, v. UNITED CONTRACTORS CORP., 766 So. 2d 1249 (Fla. Dist. Ct. App. 2000)

. . . Florida Statutes (1995) provides: In the same manner as provided in subsection (1) or as authorized by s. 744.301 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . See sections 742.031 and 744.301, Florida Statutes. _ d. . . . in this action, parental responsibility of the minor child(ren) is governed by sections 742.031 and 744.301 . . .

MUNIZ, v. STATE, 764 So. 2d 729 (Fla. Dist. Ct. App. 2000)

. . . reasoning that the mother was the sole natural guardian of this nonmarital child pursuant to section 744.301 . . . Section 744.301(1) provides, “The mother of a child born out of wedlock is the natural guardian of the . . .

FLORIDA DEPARTMENT OF REVENUE R. A. E. v. M. L. S., 756 So. 2d 125 (Fla. Dist. Ct. App. 2000)

. . . See § 744.301, Fla. Stat. (1997). . . .

BARDOL v. MARTIN,, 763 So. 2d 1119 (Fla. Dist. Ct. App. 1999)

. . . Section 744.301 states that a mother and father are the natural guardians of their own children (as well . . .

In M. K. S. a M. S. v. H., 726 So. 2d 309 (Fla. Dist. Ct. App. 1998)

. . . Section 744.301(1), Florida Statutes (1995), provides the mother and father jointly are natural guardians . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 717 So. 2d 914 (Fla. 1998)

. . . in this action, parental responsibility of the minor child(ren) is governed by sections 742.031 and 744.301 . . .

W. DOWNS, v. KING,, 703 So. 2d 1116 (Fla. Dist. Ct. App. 1997)

. . . appeal that the action was properly dismissed since appellant erroneously cited to Florida Statute 744.301 . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 744.301, Fla.Stat. Natural guardians. . . .

STATE v. EARL,, 649 So. 2d 297 (Fla. Dist. Ct. App. 1995)

. . . order dismissing criminal charges against defendant, David Earl, and declaring unconstitutional section 744.301 . . . We agree with the state that the lower court’s declaration that section 744.301(1), Florida Statutes . . . First, resolution of this ease does not require a declaration that section 744.301 is unconstitutional . . . It appears that section 744.301(1), which previously defined guardianship in terms of custody, is no . . . Section 744.301 reads: 744.301 Natural guardians.— (1) The mother and father jointly are natural guardians . . .

SEARCY, DENNEY, SCAROLA, BARNHART SHIPLEY, P. A. v. PAIGE N. POLETZ, a By POLETZ J. J., 646 So. 2d 209 (Fla. Dist. Ct. App. 1994)

. . . In cases such as this, section 744.301(4)(b), Florida Statutes (1991), provides: “Unless waived, the . . .

In DUBREUIL, 629 So. 2d 819 (Fla. 1993)

. . . children’s legal guardian and is responsible for their care as a matter of Florida law under section 744.301 . . . the natural guardianship shall belong to the parent to whom the custody of the child is awarded.” § 744.301 . . .

a v., 101 T.C. 61 (T.C. 1993)

. . . Ann. sec. 744.301(1) (West 1986 & Cum. Supp. 1992). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . . § 744.301, Fla.Stat. Natural guardians. § 744.387, Fla.Stat. . . . F.S. 744,106 Notice and virtual representation, RS4 744.301, Fla.Stat. Natural guardians. . . . Statutory References § 744.301, Fla.Stat. Natural guardians. § 744.387, Fla.Stat. . . .

In DUBREUIL, 603 So. 2d 538 (Fla. Dist. Ct. App. 1992)

. . . . § 744.301, Fla.Stat. (1989). . . .

F. SULLIVAN, Jr. v. DEPARTMENT OF TRANSPORTATION, a, 595 So. 2d 219 (Fla. Dist. Ct. App. 1992)

. . . Section 744.301(2) authorizes the father, as natural guardian, to settle a claim on behalf of his minor . . .

WEBB, v. E. WEBB,, 546 So. 2d 1062 (Fla. Dist. Ct. App. 1989)

. . . Section 744.301(1), Florida Statutes (1987), provides: The mother and father jointly are natural guardians . . . The second district has held that, pursuant to section 744.301(1), the natural guardianship belongs to . . .

H. CARR, v. K. PHILLIPS, a k a P., 540 So. 2d 168 (Fla. Dist. Ct. App. 1989)

. . . See § 744.301(1), Fla.Stat. (1987). . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 744.301 Natural guardians. F.S. ch. 737 Trust administration. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 744.301 Natural guardians. F.S. ch. 737 Trust administration. . . .

In S. M. H. a, 531 So. 2d 228 (Fla. Dist. Ct. App. 1988)

. . . With respect to the award of “primary residence,” the trial court relied upon Section 744.301(1), Florida . . .

STEPP, v. STEPP,, 520 So. 2d 314 (Fla. Dist. Ct. App. 1988)

. . . . § 744.301, Fla. Stat. (1985). We agree. Appellant is the acknowledged father of the child here. . . . This portion of section 744.301 is typically interpreted to apply only to married parents for whom the . . . Second, we believe that section 744.301 and the above case law grants the natural father inherent guardianship . . .

BARNES, v. FRAZIER,, 509 So. 2d 401 (Fla. Dist. Ct. App. 1987)

. . . . § 744.301(1), Fla.Stat. (1985); In the Interest of R.L.G., 274 So.2d 4 (Fla. 4th DCA 1973); accord, . . .

In ESTATE OF FISHER, Jr. GILMORE, Jr. v. RAGANS, Jr., 503 So. 2d 962 (Fla. Dist. Ct. App. 1987)

. . . Except to the extent provided in Section 744.301, Florida Statutes, a natural guardian is entitled to . . .

DeCOSTA, v. NORTH BROWARD HOSPITAL DISTRICT, a, 497 So. 2d 1282 (Fla. Dist. Ct. App. 1986)

. . . Section 744.301(1), Florida Statutes (1985), states: (1) The mother and father jointly are natural guardians . . . However, appellant misconstrues section 744.301(1). . . . The purpose of section 744.301(1) is to protect the interests of the child. . . . Accordingly, the first sentence of section 744.301(1) must be read to apply to the situation where both . . .

STATE v. BADALICH,, 479 So. 2d 197 (Fla. Dist. Ct. App. 1985)

. . . See Fla.Stat. 744.301(1). . . . Section 744.301(1), Florida Statutes (1983), states, “The mother of a child born out of wedlock is the . . .

In ADOPTION OF M. Q., 475 So. 2d 1306 (Fla. Dist. Ct. App. 1985)

. . . Section 744.301(1), Florida Statutes (1983), provides that “[t]he mother of a child born out of wedlock . . . Childress, 448 So.2d 1220 (Fla. 4th DCA 1984), this court held that section 744.301(1) creates a statutory . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . F.S. 744.301 Natural guardians. F.S. ch. 737 Trust administration. . . .

ALLEN, v. CHILDRESS,, 448 So. 2d 1220 (Fla. Dist. Ct. App. 1984)

. . . Pursuant to Section 744.301(1), Florida Statutes (1983), the mother is the natural guardian of her son . . . remand with instructions that custody be awarded to the mother of the child in accordance with Section 744.301 . . .

E. LUSKER, v. GUARDIANSHIP OF LUSKER,, 434 So. 2d 951 (Fla. Dist. Ct. App. 1983)

. . . Section 744.301(1), Florida Statutes (1981), defines natural guardianship as: 744.301 Natural guardians . . . Accordingly, pursuant to section 744.301(1), the natural guardianship belongs to the parent to whom the . . . Lusker, the natural guardianship passed to the appellant pursuant to section 744.301(1), and the court . . .

In GUARDIANSHIP OF D. A. McW. a, 429 So. 2d 699 (Fla. Dist. Ct. App. 1983)

. . . 339 (Fla. 4th DCA 1973), cert. denied, 415 U.S. 958, 94 S.Ct. 1486, 39 L.Ed.2d 573 (1974); see also § 744.301 . . .

Dr. R. RAMEY P. A. d b a v. FASSOULAS, 414 So. 2d 198 (Fla. Dist. Ct. App. 1982)

. . . Bullard, 195 So.2d 876 (Fla. 2d DCA 1967); 25 Fla.Jur.2d “Family Law” § 98 (1981); see also §§ 61.13(1), 744.301 . . .

V. CONNELLY, v. V. CONNELLY,, 409 So. 2d 175 (Fla. Dist. Ct. App. 1982)

. . . in a recent fourth district case not factually on point; that discussion reads as follows: Section 744.301 . . .

MILLS v. PHILLIPS, In a, 407 So. 2d 302 (Fla. Dist. Ct. App. 1981)

. . . Section 744.301, Florida Statutes (1979), provides in part: If the marriage between the parents is dissolved . . .

MAUGERI, Jr. Jr. Jr. III v. PLOURDE,, 396 So. 2d 1215 (Fla. Dist. Ct. App. 1981)

. . . In this case, the important statutory provisions are found in Section 744.301, Florida Statutes (1977 . . .

KENDRICK, v. EVERHEART a k a, 390 So. 2d 53 (Fla. 1980)

. . . Although section 744.301(1), Florida Statutes (1977), names the natural mother of an illegitimate child . . .

VARIETY CHILDREN S HOSPITAL, INC. v. VIGLIOTTI,, 385 So. 2d 1052 (Fla. Dist. Ct. App. 1980)

. . . See § 744.301, Fla.Stat. (1977). . . .

BECK, a k a v. BECK, a k a R., 383 So. 2d 268 (Fla. Dist. Ct. App. 1980)

. . . . § 744.301(2), Fla.Stat. (1975). . . .

R. KERN, v. S. KERN,, 360 So. 2d 482 (Fla. Dist. Ct. App. 1978)

. . . Section 744.301, Florida Statutes (Supp.1977). . . . Section 744.301(1). . . . Section 744.301(1) in relevant part provides: “If the marriage between the parents is dissolved, the . . .

In CASTRO, a In CASTRO, a, 344 So. 2d 270 (Fla. Dist. Ct. App. 1977)

. . . The applicable statutory law is found in Sections 744.301 and 744.312, Florida Statutes (1975). . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . Sub (h): FGL 744.301 (1975) Natural Guardians. . . .