Florida Statute 39.810 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

View Entire Chapter

F.S. 39.810

39.810 Manifest best interests of the child.—In a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child. This consideration shall not include a comparison between the attributes of the parents and those of any persons providing a present or potential placement for the child. For the purpose of determining the manifest best interests of the child, the court shall consider and evaluate all relevant factors, including, but not limited to:

(1) Any suitable permanent custody arrangement with a relative of the child. However, the availability of a nonadoptive placement with a relative may not receive greater consideration than any other factor weighing on the manifest best interest of the child and may not be considered as a factor weighing against termination of parental rights. If a child has been in a stable or preadoptive placement for not less than 6 months, the availability of a different placement, including a placement with a relative, may not be considered as a ground to deny the termination of parental rights.

(2) The ability and disposition of the parent or parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under state law instead of medical care, and other material needs of the child.

(3) The capacity of the parent or parents to care for the child to the extent that the child’s safety, well-being, and physical, mental, and emotional health will not be endangered upon the child’s return home.

(4) The present mental and physical health needs of the child and such future needs of the child to the extent that such future needs can be ascertained based on the present condition of the child.

(5) The love, affection, and other emotional ties existing between the child and the child’s parent or parents, siblings, and other relatives, and the degree of harm to the child that would arise from the termination of parental rights and duties.

(6) The likelihood of an older child remaining in long-term foster care upon termination of parental rights, due to emotional or behavioral problems or any special needs of the child.

(7) The child’s ability to form a significant relationship with a parental substitute and the likelihood that the child will enter into a more stable and permanent family relationship as a result of permanent termination of parental rights and duties.

(8) The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(9) The depth of the relationship existing between the child and the present custodian.

(10) The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(11) The recommendations for the child provided by the child’s guardian ad litem or legal representative.

History.—s. 31, ch. 94-164; s. 18, ch. 95-228; s. 92, ch. 98-403; s. 26, ch. 2006-86.

Note.—Former s. 39.4612.

F.S. 39.810 on Google Scholar

F.S. 39.810 on CourtListener

Amendments to 39.810

Annotations, Discussions, Cases:

Cases Citing Statute 39.810

Total Results: 147

Florida Dept. of Children and Fam. v. Fl

880 So. 2d 602, 2004 WL 1516017

Supreme Court of Florida | Filed: Jul 8, 2004 | Docket: 1186460

Cited 65 times | Published

specially concurring opinion, I agree that section 39.810 contains a detailed description of the factors

MH v. Department of Children and Families

866 So. 2d 220, 2004 WL 360811

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1274029

Cited 31 times | Published

in the children's manifest best interests. See § 39.810, Fla. Stat. (2001).

Department of Children and Families v. BB

824 So. 2d 1000, 2002 WL 1989257

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1435388

Cited 31 times | Published

requirement for parental rights' termination is met. § 39.810, Fla. Stat. See In re J.M.M., 795 So.2d 1034 (Fla

BC v. Dept. of Children and Families

887 So. 2d 1046, 29 Fla. L. Weekly Supp. 508, 2004 Fla. LEXIS 1538, 2004 WL 2110379

Supreme Court of Florida | Filed: Sep 23, 2004 | Docket: 1515163

Cited 23 times | Published

termination is in the best interests of the child. See § 39.810, Fla. Stat. (2003). Each ground for termination

J.E. v. Department of Children & Families

126 So. 3d 424, 2013 WL 5989154, 2013 Fla. App. LEXIS 18021

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236442

Cited 19 times | Published

relevant factors, including those set out in section 39.810. Id. In addition, the Department must establish

In Re TB

819 So. 2d 270, 2002 WL 1396027

District Court of Appeal of Florida | Filed: Jun 28, 2002 | Docket: 1456376

Cited 18 times | Published

challenges the trial court's finding under section 39.810, Florida Statutes (2000), that termination

Cc v. Dept. of Children & Family Services

812 So. 2d 520, 2002 Fla. App. LEXIS 3778

District Court of Appeal of Florida | Filed: Mar 25, 2002 | Docket: 1716260

Cited 17 times | Published

findings, including those made pursuant to section 39.810, Florida Statutes (2000) ("Manifest best interests

In Re KA

880 So. 2d 705, 2004 WL 902345

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1689200

Cited 16 times | Published

manifest best interest of these children. See § 39.810, Fla. Stat. (2002).[2] Again, the evidence at

JG v. Department of Children and Families

22 So. 3d 774, 2009 Fla. App. LEXIS 17239, 2009 WL 3837143

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 1639672

Cited 15 times | Published

relevant factors, including those set out in section 39.810. Id. In addition, the Department must establish

Rathburn v. DEPARTMENT OF CHILDREN AND FAM.

826 So. 2d 521, 2002 WL 31115251

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1662874

Cited 13 times | Published

relevant factors, including those set out in section 39.810, Florida Statutes (2001). In this case, the

In Re KW

891 So. 2d 1068, 2004 WL 2633612

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1704549

Cited 12 times | Published

court failed to give proper consideration to section 39.810, Florida Statutes (2002), which requires the

J.S. v. Florida Department of Children & Families

18 So. 3d 1170, 2009 Fla. App. LEXIS 14424, 2009 WL 3078150

District Court of Appeal of Florida | Filed: Sep 29, 2009 | Docket: 1640502

Cited 10 times | Published

and (e) of section 39.806(1) and that, under section 39.810, it was in the child's manifest best interests

In Re ED

884 So. 2d 291, 2004 WL 1836210

District Court of Appeal of Florida | Filed: Aug 16, 2004 | Docket: 1683003

Cited 10 times | Published

children's manifest best interests pursuant to section 39.810, and we find no basis to reverse. We have considered

In Re LBW

863 So. 2d 480, 2004 WL 86188

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1728644

Cited 9 times | Published

served by the granting of the petition.[1] Section 39.810 requires that in "determining the manifest

Statewide Guardian Ad Litem Program v. A.A.

171 So. 3d 174, 2015 Fla. App. LEXIS 11580, 2015 WL 4510417

District Court of Appeal of Florida | Filed: Jul 27, 2015 | Docket: 60249676

Cited 8 times | Published

weighing against termination of parental rights. § 39.810(1), Fla. Stat. (2014); A.J. v. K.A.O., 951 So

CM v. Department of Children and Families

953 So. 2d 547, 2007 WL 412790

District Court of Appeal of Florida | Filed: Feb 8, 2007 | Docket: 1338275

Cited 8 times | Published

the petition to terminate parental rights. See § 39.810, Fla. Stat. (2004). Given the fundamental liberty

JJ v. Department of Children and Families

886 So. 2d 1046

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1721279

Cited 8 times | Published

relevant factors, including those set out in section 39.810, Florida Statutes." Rathburn v. Dep't of Children

Department of Children & Family Services v. S.H.

49 So. 3d 846, 2010 Fla. App. LEXIS 19079

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60296870

Cited 7 times | Published

manifest best interests analysis required by section 39.810(1)-(11) based on its conclusion that DCF failed

In Re DLH

990 So. 2d 1267, 2008 WL 4482579

District Court of Appeal of Florida | Filed: Oct 3, 2008 | Docket: 2366981

Cited 7 times | Published

manifest best interests of the child under *1271 section 39.810. Rathburn v. Dep't of Children & Families,

AW v. Department of Children and Families

969 So. 2d 496, 2007 WL 4105543

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 1726011

Cited 7 times | Published

Tracking all the relevant factors set forth in section 39.810(1)-(11), Florida Statutes (2006), the Department

CW v. Department of Children and Families

814 So. 2d 488, 2002 WL 529897

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1368824

Cited 7 times | Published

manifest best interests of the child pursuant to section 39.810, Florida Statutes (2000). The trial court may

In Re ZJS

787 So. 2d 875, 2001 WL 120422

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1496123

Cited 7 times | Published

to terminate his parental rights pursuant to section 39.810, Fla. Statutes." After a subsequent hearing

S.M., etc. v. Florida Department of Children and Families

202 So. 3d 769, 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418542

Cited 6 times | Published

children, under the considerations required by section 39.810. She argues only that termination of her liberty

In Interest of Km & Am

788 So. 2d 306

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 792856

Cited 6 times | Published

considered all of the statutory factors under section 39.810 in determining the manifest best interests

In Re Interest of Fc

780 So. 2d 159

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 2557869

Cited 6 times | Published

Finally we note that the trial court reviewed section 39.810, Florida Statutes (1999), which lists factors

In Re GC

6 So. 3d 643, 2009 WL 454580

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1213543

Cited 5 times | Published

manifest best interests of the child under section 39.810. Rathburn v. Dep't of Children & Families,

TP v. Department of Children and Families

860 So. 2d 1084, 2003 Fla. App. LEXIS 18798, 2003 WL 22927152

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 454635

Cited 5 times | Published

TERMINATION OF PARENTAL RIGHTS CASES IN LIGHT OF SECTION 39.810, FLORIDA STATUTES? AFFIRMED. ORFINGER and MONACO

S.M., the Mother v. Department of Children And Families

190 So. 3d 125, 2015 Fla. App. LEXIS 17324, 2015 WL 7275517

District Court of Appeal of Florida | Filed: Nov 18, 2015 | Docket: 3013615

Cited 4 times | Published

the manifest best interest of the child under section 39.810, Florida Statutes (2014); and 3) Termination

In the Interest of N.F. v. Department of Children & Family Services

82 So. 3d 1188, 2012 WL 881612, 2012 Fla. App. LEXIS 4213

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 60306063

Cited 4 times | Published

again under the same evidentiary standard. See § 39.810. Finally, the Department must establish that termination

A.B.E. v. Department of Children & Families

47 So. 3d 347, 2010 Fla. App. LEXIS 16278, 2010 WL 4226435

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2399516

Cited 4 times | Published

(Fla. 1st DCA 2008) (explaining that under section 39.810(1), Florida Statutes, the availability of a

In Re EC

33 So. 3d 710, 2010 WL 1049937

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 1649227

Cited 4 times | Published

manifest best interests of the child under section 39.810. Rathburn v. Dep't of Children & Families,

Ir v. Department of Children and Family

904 So. 2d 583, 2005 Fla. App. LEXIS 9221, 2005 WL 1398509

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1365354

Cited 4 times | Published

Department is required to prove all the elements in section 39.810 to determine whether it is in the manifest

Wr v. Department of Child. and Fam. Serv.

896 So. 2d 911, 2005 WL 475583

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1282891

Cited 4 times | Published

manifest best interests of the child, pursuant to section 39.810, Florida Statutes (2003). The trial court complied

Department of Children and Family v. Mj

889 So. 2d 986, 2004 WL 2952831

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1488644

Cited 4 times | Published

evidence to support denial of termination here. Section 39.810, Florida Statutes (2001), sets out eleven factors

In Re EIF

872 So. 2d 924, 2004 WL 503762

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 1357562

Cited 4 times | Published

consider the child's manifest best interests. See § 39.810. Here, the trial court considered all of the statutory

SD v. Department of Child. and Family

805 So. 2d 10, 2001 WL 1166868

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1669526

Cited 4 times | Published

lieu of medical care, or other material needs. Section 39.810(2), Fla. Stat. (1999). The Mother has not demonstrated

Florida Dept. of Children & Families, et.al. v. A.R. and R.L., Parents

253 So. 3d 1158

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7593340

Cited 3 times | Published

937 So. 2d 1156, 1158 (Fla. 3d DCA 2006). Section 39.810, Florida Statutes (2017), sets out eleven factors

J. P., mother of T. P. v. Florida Department of Children and Families

183 So. 3d 1198, 2016 WL 167394

District Court of Appeal of Florida | Filed: Jan 14, 2016 | Docket: 3028643

Cited 3 times | Published

child’s manifest best interest pursuant to section 39.810, Florida Statutes. The third and final requirement

In Re Jl

15 So. 3d 866, 2009 WL 2341634

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1191365

Cited 3 times | Published

was in the son's manifest best interest under section 39.810 because the evidence showed the Father failed

Vj v. Department of Children and Family

949 So. 2d 1128, 2007 Fla. App. LEXIS 2364, 2007 WL 519227

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1375477

Cited 3 times | Published

the child, considering the factors listed in section 39.810.[1]See C.K. v. Dep't of Children & Families

Dept. of Children and Family Servs. v. Ps

932 So. 2d 1195

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 1684776

Cited 3 times | Published

children under the state's care"); § 39.001(3); § 39.810 (pertaining to proceedings to terminate parental

In Re Dad II

903 So. 2d 1034, 2005 WL 1412052

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 1675380

Cited 3 times | Published

was "chronic" under section 39.806(1)(g). SECTION 39.810 The Father contends that termination was not

CB v. Department of Children & Families

879 So. 2d 82, 2004 Fla. App. LEXIS 11470, 2004 WL 1737999

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 463792

Cited 3 times | Published

account the manifest best interests of the child. Section 39.810, Florida Statutes, provides various factors

Guardian Ad Litem Program v. C.W. (In re X.W.)

255 So. 3d 882

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 64689555

Cited 2 times | Published

the eleven manifest best interest factors in section 39.810. Those findings either weighed in favor of

D.W.Q. v. A.B.

200 So. 3d 87, 2015 Fla. App. LEXIS 11185, 2015 WL 4429328

District Court of Appeal of Florida | Filed: Jul 21, 2015 | Docket: 60256899

Cited 2 times | Published

consider the statutorily required factors under section 39.810, Florida Statutes (2014). We agree and, therefore

C.D. v. Florida Department of Children & Families

164 So. 3d 40, 2015 WL 2374420

District Court of Appeal of Florida | Filed: Apr 27, 2015 | Docket: 60247998

Cited 2 times | Published

protecting the child from serious harm.” Id. Section 39.810(1), Florida Statutes, provides that “the availability

K.D. v. Department of Children & Family Services & Guardian Ad Litem Program

132 So. 3d 877, 2014 WL 444022, 2014 Fla. App. LEXIS 1425

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238560

Cited 2 times | Published

manifest best interests of each child under section 39.810. In the two original orders, the trial court

J.C. v. K.K.

64 So. 3d 157, 2011 Fla. App. LEXIS 9619, 2011 WL 2462854

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60301381

Cited 2 times | Published

mother. The court considered the factors in section 39.810, Florida Statutes, and made the following findings

H.D. v. J.L.D.

16 So. 3d 334, 2009 Fla. App. LEXIS 13742

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 60246761

Cited 2 times | Published

considering the child’s best interests under section 39.810, Florida Statutes (2008), may deny a petition

In Re Ll-R.

9 So. 3d 707

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 2525604

Cited 2 times | Published

best interest would be served by termination. See § 39.810. We appreciate the department's forthright concessions

J.R. v. Department of Children & Family Services

9 So. 3d 707, 2009 Fla. App. LEXIS 3248, 2009 WL 1025761

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 60309074

Cited 2 times | Published

best interest would be served by termination. See § 39.810. We appreciate the department’s forthright concessions

Guardian Ad Litem Program v. TR

987 So. 2d 1269, 2008 WL 3823266

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 1396343

Cited 2 times | Published

Families, 959 So.2d 401 (Fla. 1st DCA 2007). Section 39.810, Florida Statutes (2007), provides a non-exhaustive

KW v. Department of Children and Families

959 So. 2d 401, 2007 WL 1730099

District Court of Appeal of Florida | Filed: Jun 18, 2007 | Docket: 1525704

Cited 2 times | Published

in the manifest best interest of the child. Section 39.810, Florida Statutes (2006) provides that the

Dept. of Children and Family Servs. v. Aq

937 So. 2d 1156, 2006 WL 2520683

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 2541051

Cited 2 times | Published

proceedings consistent with this opinion. See § 39.810, Fla. Stat. (2005); K.F., 916 So.2d at 950; C

In Re DD

879 So. 2d 10, 2004 WL 912648

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 463747

Cited 2 times | Published

found, based on the eleven factors contained in section 39.810, that termination was in the manifest best

D.H. v. Department of Children & Families

211 So. 3d 351, 2017 WL 728063, 2017 Fla. App. LEXIS 2528

District Court of Appeal of Florida | Filed: Feb 23, 2017 | Docket: 60262590

Cited 1 times | Published

manifest best interest of the child pursuant to section 39.810, and the termination of the parental rights

M.S. v. Department of Children & Families

210 So. 3d 147

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426652

Cited 1 times | Published

the manifest best interest of the child under section 39.810. Rathburn v. Dep’t of Children & Families

N.B. v. Florida Department of Children & Families

183 So. 3d 1186, 2016 Fla. App. LEXIS 429, 2016 WL 146001

District Court of Appeal of Florida | Filed: Jan 13, 2016 | Docket: 3027802

Cited 1 times | Published

best interest of the children, see § 39.810, Fla. Stat. (2014); and termination is- the least

B.K., The Father v. Department of Children And Families

166 So. 3d 866, 2015 Fla. App. LEXIS 7649, 2015 WL 2405665

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679338

Cited 1 times | Published

The court then reviewed the factors in section 39.810(1)-(11), Florida Statutes, regarding the manifest

E.R.-J. v. Department of Children & Family Services

86 So. 3d 574, 2012 WL 1448511

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60307722

Cited 1 times | Published

of the best interest factors as set forth in section 39.810 was satisfied in this case. Without providing

LK v. Department of Children and Families

62 So. 3d 1241, 2011 Fla. App. LEXIS 8953, 2011 WL 2334877

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2364516

Cited 1 times | Published

NOTES [1] The factors are set forth under section 39.810, Florida Statutes.

C.D.M. v. K.

60 So. 3d 409, 2011 Fla. App. LEXIS 558

District Court of Appeal of Florida | Filed: Jan 18, 2011 | Docket: 60300200

Cited 1 times | Published

because the *410statutory factors enumerated in section 39.810, Florida Statutes, are not addressed in the

Kw v. State, Department of Children and Family Services

36 So. 3d 810, 2010 Fla. App. LEXIS 7555

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 2564593

Cited 1 times | Published

of A.C.'s best interests, in accordance with section 39.810, Florida Statutes (2000), because the fact

RA v. Department of Children and Families

30 So. 3d 722, 2010 Fla. App. LEXIS 4483, 2010 WL 1240978

District Court of Appeal of Florida | Filed: Apr 1, 2010 | Docket: 1121564

Cited 1 times | Published

manifest best interests of the child pursuant to section 39.810. See In re E.D., 884 So.2d 291, 295 n. 3 (Fla

CA v. Department of Children and Families

16 So. 3d 888, 2009 WL 2172511

District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 1640719

Cited 1 times | Published

best interests of the child, not the parents. § 39.810, Fla. Stat. (2008) (in TPR cases court shall consider

D.H. Ex Rel. J.R. v. Department of Children & Families

12 So. 3d 266, 2009 Fla. App. LEXIS 5803, 2009 WL 1383344

District Court of Appeal of Florida | Filed: May 19, 2009 | Docket: 1646752

Cited 1 times | Published

would show, using the criteria set forth in section 39.810(1)-(11), Florida Statutes (2007), that it is

JY v. Department of Children and Families

10 So. 3d 168, 2009 Fla. App. LEXIS 2676, 2009 WL 790138

District Court of Appeal of Florida | Filed: Mar 26, 2009 | Docket: 1642329

Cited 1 times | Published

evaluating the evidence in light of the factors in section 39.810, Florida Statutes (2007), that termination

J.C. v. Department of Children & Family Services

6 So. 3d 643, 2009 Fla. App. LEXIS 1498

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 60299792

Cited 1 times | Published

manifest best interests of the child under section 39.810. Rathburn v. Dep’t of Children & Families,

RE v. Department of Children and Families

996 So. 2d 929, 2008 Fla. App. LEXIS 18484, 2008 WL 5156731

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1692699

Cited 1 times | Published

rights. Addressing each of the factors listed in section 39.810, Florida Statutes (2008), the court found that

To v. LS

954 So. 2d 737, 2007 WL 1213665

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 1652157

Cited 1 times | Published

because the statutory factors enumerated in section 39.810, Florida Statutes (2005), are not addressed

CK v. Department of Children & Families

942 So. 2d 469, 2006 WL 3421872

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 266695

Cited 1 times | Published

supported the trial court's determination under section 39.810 that it was in the manifest best interest of

WR v. Department of Children and Families

928 So. 2d 414, 2006 WL 1041134

District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 1713706

Cited 1 times | Published

termination was in E.R.'s best interest pursuant to section 39.810, Florida Statutes (2004). In considering the

Department of Children and Families v. KF

916 So. 2d 948, 2005 Fla. App. LEXIS 19601, 2005 WL 3299762

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1659588

Cited 1 times | Published

the children pursuant to the factors under section 39.810 to terminate K.F.'s parental rights. The court

Department of Children and Families v. PK

893 So. 2d 678, 2005 WL 386881

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 690891

Cited 1 times | Published

appropriate. The judge concluded that under section 39.810, it would not be in the manifest best interest

AA v. Department of Children and Families

852 So. 2d 318, 2003 WL 21750081

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1711020

Cited 1 times | Published

good people. The Department noted that under section 39.810, Florida Statutes (2002), when considering

In Re DS

849 So. 2d 411, 2003 WL 21536767

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 2515094

Cited 1 times | Published

ordering a termination of parental rights. See § 39.810, Fla. Stat. (2002). As such, rule 8.330(a) does

KO v. Department of Children and Families

843 So. 2d 353, 2003 WL 1936145

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 2581289

Cited 1 times | Published

the best interest of the child as required by section 39.810 of the Florida Statutes (2001). Accordingly

Km v. Dept. of Children & Families

795 So. 2d 1129, 2001 WL 1174291

District Court of Appeal of Florida | Filed: Oct 5, 2001 | Docket: 1252165

Cited 1 times | Published

manifest best interest of her child, as per section 39.810, Florida Statutes. We agree, and reverse and

S.P., Mother of E.P., a Child v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jun 5, 2025 | Docket: 70463070

Published

in the child’s manifest best interests under section 39.810, Florida Statutes (2024); and (3) termination

Department of Children and Families and the Statewide Guardian Ad Litem Office v. C.R., Mother of J.C.J., J.D.M., W.C.L.C., W.D.L., and Z.C., Children and W.C., Father of W.C.L.C. and Z.C., Children

District Court of Appeal of Florida | Filed: Nov 25, 2024 | Docket: 69410896

Published

consider the best interest of the children. See § 39.810, Fla. Stat. (2022); R.W. v. Dep’t of Child. &

Department of Children and Families v. L.W., the Mother

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 69021746

Published

trial court addressed the factors set forth in section 39.810, Florida Statutes (2022). The trial court

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Supreme Court of Florida | Filed: Mar 7, 2024 | Docket: 68317970

Published

is in the child’s manifest best interests. See § 39.810, Fla. Stat. (2021) (“In a

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Supreme Court of Florida | Filed: Mar 7, 2024 | Docket: 68317970

Published

is in the child’s manifest best interests. See § 39.810, Fla. Stat. (2021) (“In a

HEART OF ADOPTIONS, INC. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 67774356

Published

2d at 373 n.4. However, the court relied on section 39.810, Florida Statutes (2004), which provided that

S.M.O., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Mar 1, 2023 | Docket: 66917343

Published

a manifest best interests inquiry pursuant to § 39.810. “The ‘manifest best interests’ inquiry ensures

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

District Court of Appeal of Florida | Filed: Dec 8, 2022 | Docket: 67146596

Published

subsections of the manifest best interests statute. See § 39.810. It further opined that if it terminated Mother’s

K.A., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Dec 8, 2021 | Docket: 61601903

Published

“manifest best interests of the child” statute, section 39.810, Florida Statutes (2019). Moreover, the Mother’s

E.A., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Dec 8, 2021 | Docket: 61601904

Published

whether termination is in the child’s best interest. § 39.810, Fla. Stat. (2019). The appellate court’s standard

A.P., mother of J.F., F.S., M.D. and M.D., Jr., minor children v. Department of Children and Families

District Court of Appeal of Florida | Filed: Sep 2, 2021 | Docket: 60334865

Published

Jr., considering all the elements listed in section 39.810, Florida Statutes (2019). Yet considering

M.P., THE MOTHER v. DEPARTMENT OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Sep 1, 2021 | Docket: 60330679

Published

involved in the children’s care. Pursuant to section 39.810, Florida Statutes (2020), the trial court made

V.S., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971139

Published

court addressed the enumerated factors under section 39.810(1)–(11), Florida Statutes (2020). The court

S.C., Father of H.L.S., A Minor Child v. Department of Children and Families

District Court of Appeal of Florida | Filed: Sep 1, 2020 | Docket: 18197423

Published

analysis using the eleven-factor test required by section 39.810, Florida Statutes (2019). After making these

Q.L., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211761

Published

relevant testimony and factors enumerated in section 39.810, Florida Statutes. The court made findings

Y.H.B., THE GRANDMOTHER v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Sep 11, 2019 | Docket: 16180767

Published

The court considered the factors set forth in section 39.810, Florida Statutes, and found by clear and convincing

D.N., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960211

Published

relevant factors, including those enumerated in section 39.810, Florida Statutes, to determine whether termination

Department of Children and Families and the Guardian ad Litem Program v. K.W., Mother of A.C. and C.S., Minor Children

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897414

Published

Manifest best interests are addressed in section 39.810, Florida Statutes (2018), which provides:

A.F., Father of K.I.S. and A.B-L.S., Minor Children v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 15733750

Published

interests by balancing eleven factors listed in section 39.810, Florida 2

A.D., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

273 So. 3d 1016

District Court of Appeal of Florida | Filed: May 30, 2019 | Docket: 15697794

Published

trial court addressed each statutory factor in section 39.810(1)-(11), Florida Statutes (2018), there was

K. E. v. DEPT. OF CHILDREN & FAMILIES

263 So. 3d 202

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 8472881

Published

required to prove all of the elements listed in section 39.810 in order for the trial court to determine whether

GUARDIAN AD LITEM PROGRAM v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 6302663

Published

the eleven manifest best interest factors in section 39.810. Those findings either weighed in favor of

T.H., THE FATHER AND S.D., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

226 So. 3d 915, 2017 Fla. App. LEXIS 12481

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145378

Published

to support each element.” Id. Section 39.810, Florida Statutes (2015), sets forth a list

D.H. v. DCF

District Court of Appeal of Florida | Filed: Feb 20, 2017 | Docket: 4613146

Published

manifest best interest of the child pursuant to section 39.810, and the termination of the parental rights

M.C. v. Department of Children & Families

186 So. 3d 74, 2016 Fla. App. LEXIS 2689, 2016 WL 717694

District Court of Appeal of Florida | Filed: Feb 24, 2016 | Docket: 3038765

Published

interest to terminate the Mother’s parental rights. § 39.810, Fla. Stat. (2015). The Mother’s appeal followed

State of Florida, Department of etc. v. B.C., the mother and C.S., the father

185 So. 3d 716, 2016 Fla. App. LEXIS 2305

District Court of Appeal of Florida | Filed: Feb 18, 2016 | Docket: 3037714

Published

in the child’s manifest best interests under section 39.810, Florida Statutes; and the termination of parental

Guardian Ad Litem Program v. M.H., the Father, and W.S., the Mother

184 So. 3d 1253, 2016 Fla. App. LEXIS 2286, 2016 WL 625830

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036656

Published

manifest best interests of the child under section 39.810.” Id. (citing Rathburn v.

Guardian Ad Litem Program v. M.H., the Father, and W.S., the Mother

184 So. 3d 1253, 2016 Fla. App. LEXIS 2286, 2016 WL 625830

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036656

Published

manifest best interests of the child under section 39.810.” Id. (citing Rathburn v.

N.W. v. Department of Children & Families

184 So. 3d 1179, 2015 WL 9258506

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022468

Published

in order to terminate parental rights under section 39.810(1), Florida Statutes (2014), “the evidence

W.L., The Mother v. Department Of Children And Families

172 So. 3d 562, 2015 Fla. App. LEXIS 12455

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685294

Published

final judgment includes findings required by section 39.810, Florida Statutes (2013), related to the manifest

D.S., the Father v. Department of Children And Families

164 So. 3d 29, 2015 WL 1810315

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679386

Published

also made findings on the factors required in section 39.810(1)-(11), Florida Statutes, including: (1) there

B. K., The Father v. Department of Children and Families

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2679404

Published

is. The court then reviewed the factors in section 39.810(1)-(11), Florida Statutes, regarding the manifest

State of Florida, Department of etc. v. T. S., the Father and A. B., the Mother

155 So. 3d 476

District Court of Appeal of Florida | Filed: Jan 15, 2015 | Docket: 2625040

Published

restrictive means, which is expressly prohibited by section 39.810(1), Florida Statutes. See also In re

R.R. v. M.M.

District Court of Appeal of Florida | Filed: Jul 18, 2014 | Docket: 743594

Published

custody, which is permitted under section 39.810(3), Florida Statutes, would in many cases be

State, Department of Children & Families v. D.A.

90 So. 3d 334, 2012 WL 2019087, 2012 Fla. App. LEXIS 9081

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60309355

Published

in the manifest best interest of the child.”); § 39.810(1), Fla. Stat. (2011) (“If a child has been in

Department of Children & Family Services v. K.D.

88 So. 3d 977, 2012 WL 1605425

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308468

Published

manifest best interests of the children under section 39.810.2 §§ 39.802(4), 39.809(1). In order to protect

D.M. v. Department of Children & Families

79 So. 3d 136, 2012 WL 280750, 2012 Fla. App. LEXIS 1341

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60305239

Published

limited to” any express wishes of the child. See § 39.810, Fla. Stat. (2010). A.M. has not demonstrated

Cdm v. K.

60 So. 3d 409, 2011 WL 1492018

District Court of Appeal of Florida | Filed: Jan 18, 2011 | Docket: 506487

Published

because the *410 statutory factors enumerated in section 39.810, Florida Statutes, are not addressed in the

A.B. v. Department of Children & Family Services

40 So. 3d 928, 2010 Fla. App. LEXIS 11457, 2010 WL 3061494

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 120489

Published

concerning the child's manifest best interests. Section 39.810, Florida Statutes (2009), provides as follows

R.C. v. Department of Children & Family Services

33 So. 3d 710, 2010 Fla. App. LEXIS 3924

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 60289948

Published

manifest best interests of the child under section 39.810. Rathburn v. Dep’t of Children & Families,

In Re Amendments to the Florida Rules of Judicial Administration

24 So. 3d 47, 34 Fla. L. Weekly Supp. 609, 2009 Fla. LEXIS 1921, 2009 WL 3763128

Supreme Court of Florida | Filed: Nov 12, 2009 | Docket: 1648737

Published

finding that the court is required to make under section 39.810(1)-(11), Florida Statutes (2008). A style correction

Hd v. Jld

16 So. 3d 334, 2009 WL 2949331

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 384468

Published

considering the child's best interests under section 39.810, Florida Statutes (2008), may deny a petition

W.L. v. Department of Children & Family Services

15 So. 3d 866, 2009 Fla. App. LEXIS 10484

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 60244149

Published

was in the son’s manifest best interest under section 39.810 because the evidence showed the Father failed

State, Department of Children & Families v. in the Interest of C.W.

14 So. 3d 1041, 2009 Fla. App. LEXIS 6959, 2009 WL 1425981

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1650658

Published

all relevant factors, including those under section 39.810, to determine whether termination of parental

C.C. v. Department of Children & Families

994 So. 2d 1231, 2008 Fla. App. LEXIS 17667

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 64856853

Published

PER CURIAM. Affirmed. See § 39.810(1), Fla. Stat.; B.F. v. Dep’t of Children & Family Servs., 929 So

CC v. Department of Children and Families

994 So. 2d 1231, 2008 WL 4922713

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 260212

Published

SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 39.810(1), Fla. Stat.; B.F. v. Dep't of Children & Family

MF v. Florida Department of Children and Families

992 So. 2d 410, 2008 WL 4566971

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 2546900

Published

of Appellant's parental rights pursuant to section 39.810, Florida Statutes (2007). Appellee properly

MF v. Florida Department of Children and Families

992 So. 2d 410, 2008 WL 4566971

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 2546900

Published

of Appellant's parental rights pursuant to section 39.810, Florida Statutes (2007). Appellee properly

M.M. v. Department of Children & Family Services

987 So. 2d 1267, 2008 Fla. App. LEXIS 13422, 2008 WL 3540242

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 64855345

Published

weighing against termination of parental rights.” § 39.810(1), Fla. Stat. (2006). Since the child’s mother’s

Mbt v. Dept. of Children and Familes

976 So. 2d 623, 2008 WL 536638

District Court of Appeal of Florida | Filed: Feb 25, 2008 | Docket: 1679943

Published

best interests of the children. We disagree. Section 39.810 of the Florida Statutes (2005), sets forth

T.O. v. L.S.

954 So. 2d 737, 2007 Fla. App. LEXIS 6281

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 64850312

Published

because the statutory factors enumerated in section 39.810, Florida Statutes (2005), are not addressed

T.V.R. v. C.R.

918 So. 2d 395, 2006 Fla. App. LEXIS 339, 2006 WL 119431

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 64841765

Published

regard, but the court never made reference to section 39.810, Florida Statutes (2002), or the “manifest

D.A.D. v. Department of Children & Family Services

903 So. 2d 1034, 2005 Fla. App. LEXIS 9392

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 64838968

Published

abuse was “chronic” under section 39.806(l)(g). SECTION 39.810 The Father contends that termination was not

W.D. v. Department of Children & Family Services

891 So. 2d 656, 2005 Fla. App. LEXIS 857, 2005 WL 231781

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64835499

Published

explored as a placement resource for the child.” Section 39.810(1), Florida Statutes (2002), requires trial

S.S. v. Department of Children & Family Services

891 So. 2d 1068, 2004 Fla. App. LEXIS 17795

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 64835631

Published

court failed to give proper consideration to section 39.810, Florida Statutes (2002), which requires the

H.P. v. Department of Children & Family Services

885 So. 2d 960, 2004 Fla. App. LEXIS 16094, 2004 WL 2414058

District Court of Appeal of Florida | Filed: Oct 29, 2004 | Docket: 64833898

Published

children. Additionally, using the criteria in section 39.810, Florida Statutes (2003), the circuit court

L.N. v. Department of Children & Family Services

884 So. 2d 291

District Court of Appeal of Florida | Filed: Aug 16, 2004 | Docket: 64833472

Published

children’s manifest best interests pursuant to section 39.810, and we find no basis to reverse. We have considered

M.D. v. Department of Children & Family Services

879 So. 2d 10, 2004 Fla. App. LEXIS 6089

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 64832057

Published

found, based on the eleven factors contained in section 39.810, that termination was in the manifest best

K.A. v. Department of Children & Family Services

880 So. 2d 705, 2004 Fla. App. LEXIS 5828

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 64832269

Published

manifest best interest of these children. See § 39.810, Fla. Stat. (2002).2 Again, the evidence at trial

In the Interest of E.I.F. v. Department of Children & Family Services

872 So. 2d 924, 2004 Fla. App. LEXIS 3077

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 64830491

Published

consider the child’s manifest best interests. See § 39.810. Here, the trial court considered all of the statutory

V.W. v. Department of Children & Family Services

863 So. 2d 480, 2004 Fla. App. LEXIS 419

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64827499

Published

be served by the granting of the petition.1 Section 39.810 requires that in “determining the manifest

C.C. v. Department of Children & Families

851 So. 2d 254, 2003 Fla. App. LEXIS 11572, 2003 WL 21755029

District Court of Appeal of Florida | Filed: Jul 31, 2003 | Docket: 64824215

Published

“A.C.’s best interests, in accordance with section 39.810, Florida Statutes (2000)....” Id. at 523. On

M.R. v. Department of Children & Family Services

849 So. 2d 411, 2003 Fla. App. LEXIS 10194

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64823952

Published

ordering a termination of parental rights. See § 39.810, Fla. Stat. (2002). As such, rule 8.330(a) does

D.E. v. Department of Children & Families

823 So. 2d 864, 2002 Fla. App. LEXIS 12083, 2002 WL 1939940

District Court of Appeal of Florida | Filed: Aug 23, 2002 | Docket: 64816883

Published

the eleven non-exclusive factors set forth in section 39.810, Florida Statutes (2001), the evidence demonstrating

J.T. v. Department of Children & Family Services

819 So. 2d 270, 2002 Fla. App. LEXIS 9167

District Court of Appeal of Florida | Filed: Jun 28, 2002 | Docket: 64815958

Published

challenges the trial court’s finding under section 39.810, Florida Statutes (2000), that termination

M.Q.C. v. Department of Children & Families

815 So. 2d 728, 2002 Fla. App. LEXIS 5444, 2002 WL 726645

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 64814858

Published

merely tracked the statutory factors listed in section 39.810, Florida Statutes. In the case of L.T. v. Dept

J.T. v. Department of Children & Families

800 So. 2d 341, 2001 Fla. App. LEXIS 16609, 2001 WL 1485936

District Court of Appeal of Florida | Filed: Nov 26, 2001 | Docket: 64810338

Published

expressly considered all of the factors outlined in section 39.810, Florida Statutes (1998 Supp.). We conclude

T.M. v. Department of Children & Families

788 So. 2d 306, 2001 Fla. App. LEXIS 5920

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 64806380

Published

considered all of the statutory factors under section 39.810 in determining the manifest best interests

F.C. v. State, Department of Children & Families

780 So. 2d 159, 2001 Fla. App. LEXIS 143

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 64804317

Published

Finally we note that the trial court reviewed section 39.810, Florida Statutes (1999), which lists factors