ADOPTION BY CHOICE, INC., APPELLANT,
v.
IN RE THE INTEREST OF X.Z.C., A MINOR CHILD, APPELLEE
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Adoption by Choice challenged a trial court's vacation of a termination of parental rights judgment, arguing the maternal grandmother was not entitled to notice of the proceedings. The court affirmed, holding that the grandmother qualified for notice under Florida law because the child had lived with her for at least six months as required by statute.
The maternal grandmother was entitled to notice of the termination proceedings because the child had lived with her for the requisite six months as required by section 39.801(3)(a) and section 63.0425, Florida Statutes. The plain meaning of 'lived with' requires only that the child reside in the same home with the grandparent for at least six months and does not require that the child reside 'solely' with the grandparent.
[1] A grandparent is entitled to notice of termination of parental rights proceedings if the child has lived with the grandparent for at least six months.
[2] The statutory term "lived with" in the context of grandparental notice for termination of parental rights is not ambiguous and should be afforded its plain meaning.
Previewing 2 of 4 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“Section 39.801(3)(a)5, Florida Statutes (Supp.1998), provides that any grandparent entitled to priority for adoption under section 63.0425 must be personally served with a copy of the petition to terminate parental rights and given notice of the date, time, and place of the advisory hearing on the petition.”
Establishes the statutory requirement that grandparents with priority for adoption must receive notice of termination proceedings.
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Join FLexlaw to unlock all legal intelligenceA petition for termination of parental rights was filed based on duly executed surrenders by the natural parents. The child had resided with the mater…
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CAMPBELL, Acting Chief Judge.
Appellant challenges the trial court order vacating the final judgment of termination of parental rights. We find no merit in appellant’s argument that appel-lee/maternal grandmother was not entitled to notice of the termination proceedings and affirm.
The petition for termination was filed based upon the duly executed surrenders of the natural parents. The trial judge set aside the final order terminating parental rights on the basis that the maternal grandmother was entitled to notice under section 39.801(3)(a), Florida Statutes (Supp.1998), as the child had lived with her for at least six months, the length of time specified in the statute. We agree.
Section 39.801(3)(a)5, Florida Statutes (Supp.1998), provides that any grandparent entitled to priority for adoption under section 63.0425 must be personally served with a copy of the petition to terminate parental rights and given notice of the date, time, and place of the advisory hearing on the petition.
Section 63.0425, Florida Statutes (1997), provides that a grandparent be provided with notice when his or her grandchild is placed for adoption if the child has “lived with” the grandparent for at least six months. In the instant case, it is undisputed that the child resided with the maternal grandmother for the requisite amount of time. While appellant argues that legislature intended the term “lived with” to mean something more than the grandchild residing in the same home with a grandparent who provides gratuitous support to the family, we conclude that the term is not ambiguous and should be afforded its plain meaning. See State v. Jett, 626 So. 2d 691 (Fla.1993).
The statute only requires that the child live with the grandparent for at least six months. It does not require that the child reside “solely” with the grandparent in the grandparents’ residence. Because this requirement was met in the instant case, the maternal grandmother should have received notice of the termination proceedings.
Accordingly, the trial court’s action in vacating the final judgment of termination of parental rights was proper and we therefore affirm.
PARKER and WHATLEY, JJ., Concur.
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Cited By
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Y.H. v. F.L.H. and K.W.H., 784 So. 2d 565 (Fla. 1st DCA 2001)…ughter S.L.H. was in her mother’s womb, she “lived with [Y.H.] for at least 6 months,” 63.0425(1), Fla. Stat. (1999), because S.L.H.’s mother (Y.H.’s daughter) lived with Y.H. that long while she was pregnant. See Adoption by Choice, Inc. v. X.Z.C., 747 So. 2d 1006, 1007 (Fla. 2d DCA 1999) (“The statute only requires that the child live with the grandparent for at least six months. It does not require that the child reside ‘solely’ with the grandparent in the grandparents’ residence.”), rev. denied, 753 So. 2d…
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THE Florida BAR v. Dove, 985 So. 2d 1001 (Fla. 2008)…vested the Grandparents with a protected, priority adoption status, and an entitlement to notice of the termination-of-parental-rights and adoption proceedings.12 See §§ 63.0425(1), 39.801(3)(a)(5), Fla. Stat. (2002);13 see also, e.g., In re X.Z.C., 747 So. 2d 1006, 1006-07 (Fla. 2d DGA 1999) (“Section 63.0425, Florida Statutes (1997), provides that a grandparent be provided with notice when his or her grandchild is placed for adoption if the child has ‘lived with’ the grandparent for at least six months.... […
Authorities Cited
- THE Florida BAR v. Camp, 626 So. 2d 691 (Fla. 1993)
- State v. Jett, 626 So. 2d 691 (Fla. 1993)