DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, APPELLANT,
v.
CARMELLA WALLS AND JERRY WALLS, APPELLEES
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The trial court properly dismissed a dependency petition after finding the child was not dependent and awarding primary custody to the father, a fit parent able to provide a suitable home.
A dependency petition must be dismissed when the trial court finds the child is not dependent and awards custody to a fit parent able to provide a suitable home.
[1] A dependency petition must be dismissed when the trial court finds the child is not dependent and the evidence supports that a parent is fit and able to provide a suitabl…
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Join FLexlaw to unlock all legal intelligenceA four-year-old child was subject to a stipulated custody arrangement between divorced parents, each having six-month periods. While with her mother i…
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COWART, Judge.
Divorced parents stipulated that each have custody of a four year old daughter during six months of each year. While the child was residing with her mother in Florida under this stipulation, H.R.S. filed a dependency petition alleging that she had been sexually abused by her brother and the mother’s boyfriend. The father then petitioned the Florida dissolution court to modify the dissolution final judgment. The dependency proceeding was consolidated with the modification proceeding, and, after an evidentiary hearing, the court modified the dissolution final judgment and awarded custody (primary physical residence) to the father, a resident of West Virginia, with limited visitation rights in the mother, and, finding that the father was a fit parent willing and able to provide a suitable home for the child, dismissed the dependency petition. H.R.S. appeals. We affirm.
The action by the trial court was an implicit finding that the child was not dependent. This findings is supported by the record and justified the dismissal of the dependency proceeding under section 39.-409(1), Florida Statutes. See Department of Health and Rehabilitative Services v. M.W., 424 So. 2d 56 (Fla. 1st DCA 1982); State ex rel. Watson v. Rogers, 86 So. 2d 645 (Fla.1956).
AFFIRMED.
UPCHURCH, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kahn v. Cooper, 583 So. 2d 437 (Fla. 3d DCA 1991)…er in case no. 91-1833 and therefore dismiss that appeal. We note, however, that our revalidation of the custody judgment precludes the successful maintenance of the dependency proceeding, see Department of Health and Rehabilitative Servs. v. Walls, 503 So. 2d 983 (Fla. 5th DCA 1987), which should therefore be dismissed. No motion for rehearing will be entertained.…
Authorities Cited
- State of Fla. ex rel. R. L. Watson v. Rogers, 86 So. 2d 645 (Fla. 1956)
- Dep't of Health & Rehabilitative Servs. v. In the Interest of M.W., 424 So. 2d 56 (Fla. 1st DCA 1982)