In the Interest of J.S., 2014 WL 3674049 (Fla. 2nd DCA)

The Guardian ad Litem Program(GAL) appealed the trial court’s order modifying the child’s placement.  The GAL argued the trial court failed to consider whether the change of placement was in the child’s best interest.  The Second District Court of Appeal (Second DCA) agreed with the GAL.

Although the trial court modified the child’s placement, nothing in its oral or written findings included a finding regarding whether such a change was in the child’s best interest.  Florida Statute § 39.522(1) provides that “the standard for changing custody of the child shall be the best interest of the child.”

The Second DCA granted the GAL petition granted and quashed the order.


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