D.C. AND G.C.
v.
IN RE: THE MATTER OF THE ADOPTION OF N.L.W.
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A trial court does not abuse its discretion when finding that a parent did not abandon a child by clear and convincing evidence under Florida law.
[1] A finding of parental abandonment requires clear and convincing evidence as defined in section 63.032, Florida Statutes, and the trial court must consider the additional…
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Join FLexlaw to unlock all legal intelligenceMaternal grandparents D.C. and G.C. petitioned to terminate the parental rights of the child's father to enable their adoption of the child. The trial…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2023-1725 _____________________________
D.C. and G.C.,
Appellant,
v.
IN RE: THE MATTER OF THE ADOPTION OF N.L.W.,
Appellee. _____________________________
On appeal from the Circuit Court for Santa Rosa County. Darlene F. Dickey, Judge.
July 10, 2024
PER CURIAM.
D.C. and G.C., the maternal grandparents, appeal the trial court’s order dismissing their petition to terminate the parental rights of Father to enable their adoption of the child. This Court employs a “highly deferential” standard when reviewing orders concerning the termination of parental rights. Florida Dep’t of Child. & Fams. v. M.H., 369 So. 3d 780, 785 (Fla. 1st DCA 2023) (“A trial court’s finding that the evidence is clear and convincing enjoys a presumption of correctness and will be overturned only if clearly erroneous or lacking evidentiary support.” (quoting L.C. v. Dep’t of Child. & Fams., 333 So. 3d 815, 817 (Fla. 1st DCA 2022))).
A finding of abandonment requires clear and convincing evidence that the parent abandoned the child, as defined in section
2
63.032. § 63.089(3)(e), Fla. Stat. And section 63.089(4) identifies additional factors for the trial court to consider when making an abandonment determination. After a careful review of the record, we find the trial court did not abuse its discretion when finding that Father did not abandon the child by clear and convincing evidence.
AFFIRMED.
ROBERTS, WINOKUR, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Ross A. Keene of Ross Keene Law, P.A., Pensacola, for Appellant.
Jessica L. Scholl and Charles F. Beall, Jr. of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- L.C. v. Dep't of Child. & Families, 333 So. 3d 815 (Fla. 1st DCA 2022)
- Fla. Dep't of Child. & Families & the Guardian ad Litem v. M.H., 369 So. 3d 780 (Fla. 1st DCA 2023)