DEWAYNE LEE, SR., APPELLANT,
v.
IN RE THE GUARDIANSHIP OF DEWAYNE INGRAHAM LEE, JR., APPELLEE
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Florida appellate court affirmed the trial court's award of custody and guardianship of a minor to the maternal aunt rather than the unmarried natural father, finding competent substantial evidence supported the trial court's determination that awarding custody to the father would be detrimental to the child's welfare.
A natural parent may be denied custody of a minor child if the trial court finds by competent substantial evidence that awarding custody to that parent would be detrimental to the child's welfare.
[1] A natural parent's inherent custodial rights may be overcome by a finding that awarding custody to that parent would be detrimental to the child's welfare, defined as cir…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a finding of detriment alone provides a basis for the award of custody to third parties in derogation of the natural parent's inherent rights.... [W]e construe 'detriment' to mean circumstances which produce or are likely to produce mental, physical, or emotional harm of a lasting nature”
The court explained the legal standard for denying custody to a natural parent in favor of a third party.
The natural father of a minor child, who was never married to the child's natural mother and never had custody of the child, appealed after the trial …
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PER CURIAM.
The natural father of a minor who was never married to the minor’s natural mother appeals the lower court’s order awarding custody and guardianship of the minor to a maternal aunt after the death of the natural mother. After an evidentiary hearing, the lower court declared the natural father, who has never had custody of the minor, to be unfit and determined that a custody award to him would be detrimental to the welfare of the minor child. See In re D.A.McW, 460 So. 2d 368, 370 (Fla.1984) (where there is a custody dispute between a natural parent and a third party, the natural parent will be denied custody if the trial court, finds that it will be detrimental to the child’s welfare for the natural parent to be awarded custody); see also In re B.B., 559 So. 2d 1277, 1278 (Fla. 2d DCA 1990) (stating “a finding of detriment alone provides a basis for the award of custody to third parties in derogation of the natural parent’s inherent rights.... [W]e construe ‘detriment’ to mean circumstances which produce or are likely to produce mental, physical, or emotional harm of a lasting nature”). Based upon our careful review of the record evidence before us, we find that the court applied the proper standard, there is competent substantial evidence to support the trial court’s conclusions and the court did not abuse its discretion in this regard.
Affirmed.
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Citator
Cited By
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Moraleal v. Anabel Moraleal, 706 So. 2d 1383 (Fla. 3d DCA 1998)…PER CURIAM. Affirmed. See Lee v. Lee, 707 So. 2d 950 (Fla. 3d DCA 1998).…
Authorities Cited
- In re Guardianship OF D.A.McW. v. McWHITE, 460 So. 2d 368 (Fla. 1984)
- In the Interest of B.B., 559 So. 2d 1277 (Fla. 2d DCA 1990)