Statutory Grounds for Termination of Parental Rights

If a trial court’s ruling on one of the statutory grounds for termination of parental rights is supported by clear and convincing evidence, the court’s order terminating parental rights is affirmable.  D.H. v. Department of Children and Families, 2017 WL 728063 (Fla. 5th DCA) Mother appealed termination of her parental rights.  The Fifth District Court […]

M.D. v. State, 187 So.3d 1275 (Fla. 4th DCA 2016)

Father appealed termination of his parental rights which was based on abandonment. The Fourth District Court of Appeal (Fourth DCA) affirmed termination. Father was incarcerated at the time of the termination trial and had been incarcerated for the two years prior to the trial. Father testified at trial that the last time he saw his […]

Department of Children and Families v. S.A.E., 184 So.3rd 615 (Fla. 1st DCA 2016)

The Department of Children and Families appealed an order adjudicating A.A.A.-E . dependent, asserting the trial court misapplied § 39.01(15)(a). The First District Court of Appeal (First DCA) reversed the dependency adjudication. Mother filed a petition for dependency regarding her son, A.A.A.-E., based on abandonment by Father 12 years prior in Honduras. Mother moved to […]

A.D. v. Department of Children and Families, 2015 WL 5163712 (Fla. 5th DCA)

Father appealed the termination of his parental rights based on abandonment. The Fifth Circuit Court of Appeal (Fifth DCA) reversed the termination finding the record did not support a finding of abandonment and that the evidence did not rise to a level justifying termination. Florida Statute § 39.01 defines abandonment as “a situation in which […]

A.S. v. Department of Children and Families, 2015 WL 1448507 (Fla. 4th DCA)

Father appealed termination of his parental rights. The Fourth District Court of Appeal (Fourth DCA) reversed the termination holding that the trial court erred in finding that Father abandoned his child and that termination was the least restrictive means to protect the child. J.A. was born in September of 2012 and placed in care immediately […]

V.C.B. v. Shakir, 145 So.3d 967 (Fla. 4th DCA 2014)

Maternal grandparents appealed the denial of their petition to terminate Father’s rights and adopt their grandchild. The trial court found that Father abandoned the child both financially and emotionally but that Father did not willfully disregard the minor child’s safety. The trial court held that such a finding was necessary to terminate parental rights pursuant […]