D.S., THE FATHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN & FAMILIES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed the trial court's dismissal of a mother's petition to enforce a settlement agreement, finding that the father had consented to Florida jurisdiction for support issues upon defaulting on the agreement.
The appellate court held that the trial court erred in dismissing the case for improper venue, as the father had consented to Florida jurisdiction by defaulting on the settlement agreement.
[1] A reviewing court must affirm a termination of parental rights order if the trial court's finding of "clear and convincing" evidence is supported by competent substantial…
[2] A trial court's finding characterizing a DCF report as alleging sexual abuse by a parent is an invalid ground for termination if not supported by the record.
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 intelligenceA father agreed to Florida jurisdiction for support issues if he defaulted on a settlement agreement after written notification. The mother filed suit…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Abandonment Of Child cases and more on FLexlaw
DAMOORGIAN, DORIAN, Associate Judge.
D.S., a father, timely appeals an order terminating his parental rights to S.S., his only child. While we ultimately affirm the final order of termination, we note that portions of the trial court’s order are not supported by the record; to wit: (i)the trial court’s characterization of a DCF report as one of sexual abuse by the father; and (ii) the finding that the father’s criminal history demonstrated that his involvement in the child’s life would threaten the child’s well-being regardless of the level of social services.
While we recognize that not all of the trial court’s findings were supported by the record, we affirm, nevertheless, because there were other findings that clearly support the termination order. It is well-settled that, where the trial court’s finding that there is “clear and convincing” evidence to terminate parental rights is supported by competent substantial evidence, we have no choice but to affirm. R.S. v. Dep’t of Child. & Fams., 831 So. 2d 1275 (Fla. 4th DCA 2000).
Although, here, the verified petition for adjudication of dependency made no allegation of sexual molestation by the father, the trial court made a specific finding which characterized a DCF report as a report of sexual abuse by the father. However, this finding was not supported by the record. Due to the extremely damaging nature of this erroneous finding, we felt compelled to clarify that it was not at all supported by the evidence and, thus, was not a valid ground for terminating the father’s parental rights.
We also note that the lower court erred in its finding regarding the father’s criminal history. A parent’s criminal history and incarceration are factors the court may consider in deciding whether to terminate parental rights on the ground of abandonment. M.S. v. D.C., 763 So. 2d 1051 (Fla. 4th DCA 1999). However, DCF presented no evidence that, because of the father’s criminal history, his involvement in the child’s life would threaten her well-being irrespective of the provision of services.
Notwithstanding the foregoing errors in the termination order, we affirm. Other reasons for terminating the father’s parental rights are supported by the record, most notably the father’s failure to substantially comply with his case plan and his abandonment of the child.
AFFIRMED.
GROSS and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- M.S. v. D.C., Jr., 763 So. 2d 1051 (Fla. 4th DCA 1999)
- R.S. v. Dep't of Child. & Families, 831 So. 2d 1275 (Fla. 4th DCA 2002)