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Florida Statute 39.810 | Lawyer Caselaw & Research
F.S. 39.810 Case Law from Google Scholar
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The 2023 Florida Statutes (including 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 Casetext

Amendments to 39.810


Arrestable Offenses / Crimes under Fla. Stat. 39.810
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.810.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. D. v. DEPARTMENT OF CHILDREN FAMILIES Ad, 273 So. 3d 1016 (Fla. App. Ct. 2019)

. . . the child's manifest best interests, while the trial court addressed each statutory factor in section 39.810 . . .

In INTEREST OF C. E. a K. E. v. Ad, 263 So. 3d 202 (Fla. App. Ct. 2019)

. . . and Least Restrictive Means The Department is required to prove all of the elements listed in section 39.810 . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Ad o b o P. R. v. A. R. R. L., 253 So. 3d 1158 (Fla. App. Ct. 2018)

. . . recommendations for the child provided by the child's guardian ad litem or legal representative. § 39.810 . . . See § 39.810(10). . . . Section 39.810 states that "the court shall consider and evaluate all relevant factors, including, but . . . not limited to" the enumerated eleven factors. § 39.810 (emphasis added). . . . of the child and including factual findings in accordance with the eleven factors set forth section 39.810 . . .

IN INTEREST OF X. W. a Ad v. C. W., 255 So. 3d 882 (Fla. App. Ct. 2018)

. . . See § 39.810(5). . . . See § 39.810(2). It found that C.W. lacked the current capacity to care for X.W. such that X.W.' . . . See § 39.810(3). . . . See § 39.810(7). . . . See § 39.810(11). . . .

IN INTEREST OF K. W. K. W. Ad v. J. W. M. W., 234 So. 3d 835 (Fla. Dist. Ct. App. 2018)

. . . 18 So.3d 1170, 1178-79 (Fla. 1st DCA 2009) (reversing where the trial court’s findings under section 39.810 . . .

T. H. S. D. v. STATE DEPARTMENT OF CHILDREN AND FAMILIES,, 226 So. 3d 915 (Fla. Dist. Ct. App. 2017)

. . . Section 39.810, Florida Statutes (2015), sets forth a list of non-exhaustive factors for a court to consider . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE, 213 So. 3d 803 (Fla. 2017)

. . . Under the provisions of sections 39.810(1)—(11), Florida Statutes, it is in the manifest best interests . . . Under the provisions of sections 39.810(l)-(] 1), Florida Statutes, it is in the manifest best interests . . .

D. H. S. R. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 211 So. 3d 351 (Fla. Dist. Ct. App. 2017)

. . . under section 39.806, the termination is in the manifest best interest of the child pursuant to section 39.810 . . .

In J. W. a M. S. v. Ad, 210 So. 3d 147 (Fla. Dist. Ct. App. 2016)

. . . must then consider whether termination is in the manifest best interest of the child under section 39.810 . . . The trial court properly found that termination was in J.W.’s manifest best interest under section 39.810 . . .

S. M. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 202 So. 3d 769 (Fla. 2016)

. . . would be in the manifest best interests of the children, under the considerations required by section 39.810 . . . “the manifest best interests of the child” by evaluating the relevant factors listed under section 39.810 . . . Pursuant to section 39.810, these factors include: (1) Any suitable permanent custody arrangement with . . . recommendations for the child provided by the child’s guardian ad litem or legal representative. § 39.810 . . . It also found that termination was in the manifest best interests of the children under section 39.810 . . .

M. C. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 186 So. 3d 74 (Fla. Dist. Ct. App. 2016)

. . . . § 39.810, Fla. Stat. (2015). The Mother’s appeal followed. IV. . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES Ad v. B. C. C. S., 185 So. 3d 716 (Fla. Dist. Ct. App. 2016)

. . . 39.806, Florida Statutes; that termination is in the child’s manifest best interests under section 39.810 . . . emotional ties between child and parent are part of the manifest best interest analysis, see section 39.810 . . .

GUARDIAN AD LITEM PROGRAM, v. M. H. W. S., 184 So. 3d 1253 (Fla. Dist. Ct. App. 2016)

. . . under section 39.806 and then must consider the manifest best interests of the child under section 39.810 . . .

J. P. T. P. a v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 183 So. 3d 1198 (Fla. Dist. Ct. App. 2016)

. . . showing by the Department that termination is in the child’s manifest best interest pursuant to section 39.810 . . . There are eleven manifest best interest factors to be considered under section 39.810, Florida Statutes . . .

N. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 183 So. 3d 1186 (Fla. Dist. Ct. App. 2016)

. . . l)(i), Florida Statutes (2014); termination is in the manifest best interest of the children, see § 39.810 . . .

In A. W. S. W. N. W. v. Ad, 184 So. 3d 1179 (Fla. Dist. Ct. App. 2015)

. . . So.3d 174, 177 (Fla. 5th DCA 2015) (holding that in order to terminate parental rights under section 39.810 . . .

S. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 190 So. 3d 125 (Fla. Dist. Ct. App. 2015)

. . . and convincing-evidence; - 2) Termination is in the manifest best interest of the child under section 39.810 . . . convincing evidence, and that termination was in the manifest best interest of the children under section 39.810 . . .

W. L. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 172 So. 3d 562 (Fla. Dist. Ct. App. 2015)

. . . The trial court’s final judgment includes findings required by section 39.810, Florida Statutes (2013 . . . relevant grounds listed in Florida Statute 39.806 and all of the factors set forth in Florida Statute 39.810 . . .

STATEWIDE GUARDIAN AD LITEM PROGRAM, v. A. A. A. S. A., 171 So. 3d 174 (Fla. Dist. Ct. App. 2015)

. . . . § 39.810(1), Fla. Stat. (2014); A.J. v. . . .

D. W. Q. M. E. Q. a v. A. B. M. E. Q. a, 200 So. 3d 87 (Fla. Dist. Ct. App. 2015)

. . . was facially insufficient because it did not consider the statutorily required factors under section 39.810 . . . order is facially insufficient for failing to include findings for the statutory factors in section 39.810 . . .

B. K. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 166 So. 3d 866 (Fla. Dist. Ct. App. 2015)

. . . The court then reviewed the factors in section 39.810(1)-(11), Florida Statutes, regarding the manifest . . . See §§ 39.806, 39.810, Fla. Stat. (2012). . . . In making this determination, section 39.810, Florida Statutes, sets forth a list of non-exclusive relevant . . .

C. D. T. R. T. R. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 164 So. 3d 40 (Fla. Dist. Ct. App. 2015)

. . . Section 39.810(1), Florida Statutes, provides that “the availability of a ... placement with a relative . . .

D. S. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 164 So. 3d 29 (Fla. Dist. Ct. App. 2015)

. . . The court also made findings on the factors required in section 39.810(1)-(11), Florida Statutes, including . . . Florida Statutes; (2) that termination is in the manifest best interest of the child pursuant to section 39.810 . . . See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). . . .

STATE Ad v. T. S. A. B., 155 So. 3d 476 (Fla. Dist. Ct. App. 2015)

. . . with a relative” when assessing the least restrictive means, which is expressly prohibited by section 39.810 . . . Moreover, A.H. did not create an . exception to section 39.810(1) — trial courts still cannot consider . . .

In Z. C. Z. C. K. D. v. Ad Z. H. v. Ad, 132 So. 3d 877 (Fla. Dist. Ct. App. 2014)

. . . information before making a determination of the manifest best interests of each child under section 39.810 . . . original orders, the trial court had made findings on each of the eleven factors described in section 39.810 . . . When making an analysis under section 39.810, the trial court should reach its decision and state its . . .

J. E. Sr. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 126 So. 3d 424 (Fla. Dist. Ct. App. 2013)

. . . best interests of the child by evaluation of all relevant factors, including those set out in section 39.810 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 101 So. 3d 368 (Fla. 2012)

. . . parental rights to be terminated for the following reasons: . allegations which correspond to sections 39.810 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES Ad v. D. A. C. A. a, 90 So. 3d 334 (Fla. Dist. Ct. App. 2012)

. . . .”); § 39.810(1), Fla. . . .

In Z. C. Z. C. Ad v. K. D. Z. H., 88 So. 3d 977 (Fla. Dist. Ct. App. 2012)

. . . met, and (2) that termination would be in the manifest best interests of the children under section 39.810 . . . Section 39.810 sets forth eleven non-exhaustive factors courts should consider in determining whether . . . of these factors is “[a]ny suitable permanent custody arrangement with a relative of the child.” § 39.810 . . . detailed findings regarding each of the eleven manifest best interest factors set forth in section 39.810 . . . court explained its rationale as follows: The Court therefore considered the provisions of sections 39.810 . . .

In N. R. G. a E. R. J. v. Ad, 86 So. 3d 574 (Fla. Dist. Ct. App. 2012)

. . . Department then asked the case manager whether each of the best interest factors as set forth in section 39.810 . . .

In N. F. a N. F. v. Ad, 82 So. 3d 1188 (Fla. Dist. Ct. App. 2012)

. . . See § 39.810. . . . a litany of questions that simply parroted the manifest best interests factors set forth in section 39.810 . . . See § 39.810(2). . . . The case manager answered this and the other questions derived from section 39.810 with a simple “no. . . . they involved inquiries that basically parroted subsections (3), (4), (5), (6), and (7) of section 39.810 . . .

In S. D. a S. B. v. Ad, 80 So. 3d 438 (Fla. Dist. Ct. App. 2012)

. . . See §§ 39.806(1)(i), 39.810, Fla. . . .

D. M. B. A. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 79 So. 3d 136 (Fla. Dist. Ct. App. 2012)

. . . See § 39.810, Fla. Stat. (2010). A.M. has not demonstrated that this mandate was not followed. . . .

R. A. J. A. J. A. A. A. A. A. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 83 So. 3d 841 (Fla. Dist. Ct. App. 2011)

. . . See §§ 39.802(4)(a), (c), 39.810, Fla. Stat. (2010). . . .

J. C. Ad v. K. K., 64 So. 3d 157 (Fla. Dist. Ct. App. 2011)

. . . The court considered the factors in section 39.810, Florida Statutes, and made the following findings . . . Second, the court must consider under section 39.810 what is in the manifest best interest of the child . . . Section 39.810 further provides that “[f]or the purpose of determining the manifest best interests of . . . recommendations for the child provided by the child’s guardian ad litem or legal representative. § 39.810 . . .

L. K. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 62 So. 3d 1241 (Fla. Dist. Ct. App. 2011)

. . . The factors are set forth under section 39.810, Florida Statutes. . . .

C. D. M. K. N. M. a v. K. N. R. Jr., 60 So. 3d 409 (Fla. Dist. Ct. App. 2011)

. . . cannot conduct an appropriate appellate review because the statutory factors enumerated in section 39.810 . . . rights and remand for entry of an order containing the necessary findings of fact pursuant to section 39.810 . . .

In E. R. A. R. Ad v. S. H. F. R., 49 So. 3d 846 (Fla. Dist. Ct. App. 2010)

. . . The trial court declined to reach the manifest best interests analysis required by section 39.810(1)- . . . the trial court stated it was not reaching the manifest best interest factors set forth in section 39.810 . . . See § 39.810 (providing that in a hearing on a TPR petition, “the court shall consider the manifest best . . . instance but must remand it for the trial court to fully consider all of the factors set forth in section 39.810 . . . court expressly failed to fully consider all of the manifest best interest factors set forth in section 39.810 . . .

A. B. E. M. D. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 47 So. 3d 347 (Fla. Dist. Ct. App. 2010)

. . . T.R., 987 So.2d 1269 (Fla. 1st DCA 2008) (explaining that under section 39.810(1), Florida Statutes, . . .

In T. M. a A. B. v., 40 So. 3d 928 (Fla. Dist. Ct. App. 2010)

. . . Section 39.810, Florida Statutes (2009), provides as follows, “In a hearing on a petition for termination . . . with directions that the trial court conduct further proceedings to consider each factor in section 39.810 . . .

K. W. J. T. T. A. v. STATE DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 36 So. 3d 810 (Fla. Dist. Ct. App. 2010)

. . . ) (“We nevertheless remand for reconsideration of A.C.’s best interests, in accordance with section 39.810 . . .

R. A. J. A. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 30 So. 3d 722 (Fla. Dist. Ct. App. 2010)

. . . requirement that termination must be in the manifest best interests of the child pursuant to section 39.810 . . .

In E. C. a R. C. v. Ad M. C. v. Ad, 33 So. 3d 710 (Fla. Dist. Ct. App. 2010)

. . . under section 39.806 and that termination is in the manifest best interests of the child under section 39.810 . . . rights under section 39.806 and then consider the manifest best interests of the child under section 39.810 . . .

J. G. R. G. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 22 So. 3d 774 (Fla. Dist. Ct. App. 2009)

. . . best interests of the child by evaluation of all relevant factors, including those set out in section 39.810 . . . rights was in the manifest best interest of the child, considering the factors set forth under section 39.810 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA RULES OF APPELLATE PROCEDURE- IMPLEMENTATION OF THE COMMISSION ON DISTRICT COURT OF APPEAL PERFORMANCE AND ACCOUNTABILITY RECOMMENDATIONS, 24 So. 3d 47 (Fla. 2009)

. . . mother and father, and adding each specific finding that the court is required to make under section 39.810 . . . Under the provisions of sections 39.810(1)-(11), Florida Statutes, it is in the manifest best interests . . . Under the provisions of sections 39.810(1)-(11), Florida Statutes, it is in the manifest best interest . . .

J. S. L. A. a v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Ad v. B. A. L. A. a, 18 So. 3d 1170 (Fla. Dist. Ct. App. 2009)

. . . After addressing some of the “manifest best interests” factors enumerated in section 39.810, the trial . . . failing to address specifically each of the “manifest best interests” factors enumerated in section 39.810 . . . Section 39.810 does not expressly require a trial court to show its consideration of each of the statutory . . . Here, the trial court’s findings under section 39.810 are insufficient to facilitate meaningful appellate . . . This finding was relevant to factor (5) of section 39.810, which is “[t]he love, affection, and other . . .

H. D. v. J. L. D., 16 So. 3d 334 (Fla. Dist. Ct. App. 2009)

. . . We also have recognized that a circuit court considering the child’s best interests under section 39.810 . . .

In J. L. a W. L. v. Ad, 15 So. 3d 866 (Fla. Dist. Ct. App. 2009)

. . . the termination of the Father’s parental rights was in the son’s manifest best interest under section 39.810 . . . See § 39.810(3), (4). . . . . § 39.810(5). . . .

C. A. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 16 So. 3d 888 (Fla. Dist. Ct. App. 2009)

. . . . § 39.810, Fla. . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. E., 14 So. 3d 228 (Fla. 2009)

. . . (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. In C. W., 14 So. 3d 1041 (Fla. Dist. Ct. App. 2009)

. . . trial court, directing the court to “again weigh all relevant factors, including those under section 39.810 . . . court entered a detailed order applying the facts of this case to the factors enumerated in section 39.810 . . . Nonetheless, the court concluded, after considering the factors enumerated in section 39.810, that “it . . .

D. H. J. R. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 12 So. 3d 266 (Fla. Dist. Ct. App. 2009)

. . . The petition stated that Department would show, using the criteria set forth in section 39.810(1)-(11 . . .

In L. L- R. a J. R. v. Ad, 9 So. 3d 707 (Fla. Dist. Ct. App. 2009)

. . . See § 39.810. . . .

J. Y. n k a J. C. E. Y. a v. DEPARTMENT OF CHILDREN FAMILIES Ad, 10 So. 3d 168 (Fla. Dist. Ct. App. 2009)

. . . The trial court concluded, after evaluating the evidence in light of the factors in section 39.810, Florida . . .

In G. C. K. C. J. C. G. P. B. v. Ad, 6 So. 3d 643 (Fla. Dist. Ct. App. 2009)

. . . under section 39.806 and then must consider the manifest best interests of the child under section 39.810 . . .

R. E. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 996 So. 2d 929 (Fla. Dist. Ct. App. 2008)

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

In H. E. a P. E. v. Ad, 3 So. 3d 341 (Fla. Dist. Ct. App. 2008)

. . . (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the . . .

C. C. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 994 So. 2d 1231 (Fla. Dist. Ct. App. 2008)

. . . See § 39.810(1), Fla. Stat.; B.F. v. . . .

M. F. L. F. a v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 992 So. 2d 410 (Fla. Dist. Ct. App. 2008)

. . . interest of the child called for the termination of Appellant’s parental rights pursuant to section 39.810 . . .

In D. L. H. a T. L. v. Ad, 990 So. 2d 1267 (Fla. Dist. Ct. App. 2008)

. . . under section 39.806 and then must consider the manifest best interests of the child under section 39.810 . . .

M. M. L. H. K. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 987 So. 2d 1267 (Fla. Dist. Ct. App. 2008)

. . . .” § 39.810(1), Fla. Stat. (2006). . . .

GUARDIAN AD LITEM PROGRAM v. T. R. C. W. C. W. C. W., 987 So. 2d 1269 (Fla. Dist. Ct. App. 2008)

. . . Section 39.810, Florida Statutes (2007), provides a non-exhaustive list of factors a trial court is to . . . the child and may not be considered as a factor weighing against termination of parental rights.” § 39.810 . . . best interests solely on the availability of a relative placement, in direct contravention of section 39.810 . . . On remand, the trial court shall again weigh all relevant factors, including those under section 39.810 . . .

M. B. T. S. T. S. W. S. T. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 976 So. 2d 623 (Fla. Dist. Ct. App. 2008)

. . . Section 39.810 of the Florida Statutes (2005), sets forth the various considerations involved when determining . . .

A. W. In B. W. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 969 So. 2d 496 (Fla. Dist. Ct. App. 2007)

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

K. W. S. S. J. W. J. W. D. W. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 959 So. 2d 401 (Fla. Dist. Ct. App. 2007)

. . . Section 39.810, Florida Statutes (2006) provides that the court may consider a relative placement in . . .

T. O. O. H. a v. L. S., 954 So. 2d 737 (Fla. Dist. Ct. App. 2007)

. . . , however, conduct appropriate appellate review because the statutory factors enumerated in section 39.810 . . .

L. D. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 957 So. 2d 1203 (Fla. Dist. Ct. App. 2007)

. . . mother, appeals from a final order terminating her parental rights pursuant to sections 39.806 and 39.810 . . .

V. J. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 949 So. 2d 1128 (Fla. Dist. Ct. App. 2007)

. . . parental rights is in the manifest best interests of the child, considering the factors listed in section 39.810 . . . Dep’t of Children & Families, 942 So.2d 469 (Fla. 4th DCA 2006); see also § 39.810, Fla. . . .

C. M. A. A. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 953 So. 2d 547 (Fla. Dist. Ct. App. 2007)

. . . over the child pursuant to sections 39.806(l)(b), 39.806(l)(d)l„ 39.806(l)(d)3., 39.806(l)(f), and 39.810 . . . See § 39.810, Fla. Stat. (2004). . . . Section 39.810, Florida Statutes (2004), begins with the following language: 39.810 Manifest best interests . . . See § 39.810(1), Fla. Stat. (2004). . . . See § 39.810, Fla. Stat. (2004). . . . Department for subsequent adoption, was in the best interests of A.A., within the meaning of section 39.810 . . .

C. K. N. K. v. DEPARTMENT OF CHILDREN FAMILIES Ad, 942 So. 2d 469 (Fla. Dist. Ct. App. 2006)

. . . The evidence further supported the trial court’s determination under section 39.810 that it was in the . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE THREE YEAR CYCLE, 939 So. 2d 74 (Fla. 2006)

. . . parental rights to be terminated for the following reasons: .allegations which correspond to sections 39.810 . . . Under the provisions of sections 39.806(1)B(11)39.810(1)-(11), Florida Statutes, it is in the manifest . . . We correct a typographical error in the proposed form 8.981 by deleting "39.806(1)B(11)” and adding "39.810 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. S. In C. S. G. S. M. S., 932 So. 2d 1195 (Fla. Dist. Ct. App. 2006)

. . . ; and to promote the health and well-being of all children under the state’s care”); § 39.001(3); § 39.810 . . .

W. R. E. R. R. R. A. R. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 928 So. 2d 414 (Fla. Dist. Ct. App. 2006)

. . . to be considered in determining whether termination was in E.R.’s best interest pursuant to section 39.810 . . .

In J. B. a k a J. M. a J. R. v., 923 So. 2d 1201 (Fla. Dist. Ct. App. 2006)

. . . Therefore, we find it unnecessary to discuss the trial court’s reasons under sections 39.810(1)-(11), . . .

In A. L. R. a T. V. R. v. C. R., 918 So. 2d 395 (Fla. Dist. Ct. App. 2006)

. . . of A.L.R. and there was some testimony in this regard, but the court never made reference to section 39.810 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. K. F., 916 So. 2d 948 (Fla. Dist. Ct. App. 2005)

. . . evidence that it was in the manifest best interests of the children pursuant to the factors under section 39.810 . . . best interests of the children to terminate KF.’s parental rights pursuant to the factors in section 39.810 . . . In this case, the trial court’s finding pursuant to section 39.810(3) that K.F. could have the capacity . . .

In D. A. D. II R. E. D. D. A. D. v., 903 So. 2d 1034 (Fla. Dist. Ct. App. 2005)

. . . SECTION 39.810 The Father contends that termination was not in the children’s manifest best interests . . . basis to disturb the trial court’s factual findings to the contrary or its other findings under section 39.810 . . .

I. R. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 904 So. 2d 583 (Fla. Dist. Ct. App. 2005)

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

W. R. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 896 So. 2d 911 (Fla. Dist. Ct. App. 2005)

. . . The court must then consider the manifest best interests of the child, pursuant to section 39.810, Florida . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. P. K. N. K. D. K. S. S. D. P., 893 So. 2d 678 (Fla. Dist. Ct. App. 2005)

. . . The judge concluded that under section 39.810, it would not.be in the manifest best interest of the children . . . The court considered the eleven factors in section 39.810 and found they all supported termination, save . . .

In W. D. a W. D. v. Of, 891 So. 2d 656 (Fla. Dist. Ct. App. 2005)

. . . Section 39.810(1), Florida Statutes (2002), requires trial courts to evaluate, inter alia, “[a]ny suitable . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. M. J. K. J., 889 So. 2d 986 (Fla. Dist. Ct. App. 2004)

. . . Section 39.810, Florida Statutes (2001), sets out eleven factors which the court is required to consider . . . the child to be of sufficient intelligence, understanding, and experience to express a preference. § 39.810 . . .

In K. W. a S. S. v., 891 So. 2d 1068 (Fla. Dist. Ct. App. 2004)

. . . is currently living with a relative, the trial court failed to give proper consideration to section 39.810 . . .

J. J. M. P. M. H. Ad v. DEPARTMENT OF CHILDREN AND FAMILIES,, 886 So. 2d 1046 (Fla. Dist. Ct. App. 2004)

. . . it has as to each and every factor specifically enumerated in the Manifest Best Interest Statute, FS 39.810 . . . best interests of the child by evaluation of all relevant factors, including those set out in section 39.810 . . . the facts relevant to a determination of the manifest best interests of the children pursuant to F.S. 39.810 . . . requirement is "obsolete, unnecessary, and meaningless” because of the consideration under section 39.810 . . .

In J. A. A. A. H. P. v., 885 So. 2d 960 (Fla. Dist. Ct. App. 2004)

. . . Additionally, using the criteria in section 39.810, Florida Statutes (2003), the circuit court found . . . cannot overlook them in attempting to satisfy the child’s manifest best interests pursuant to section 39.810 . . . best interest analysis, but it is clear the court appropriately used the criteria found in section 39.810 . . .

B. C. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 887 So. 2d 1046 (Fla. 2004)

. . . courts should take the loss of child support, present and future, into consideration under section 39.810 . . . Section 39.810(2), Florida Statutes (2003), provides: For the purpose of determining the manifest best . . . See § 39.810, Fla. Stat. (2003). . . . See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). . . . incarcerated parent’s rights when another parent retains custody, which is permitted under section 39.810 . . .

In E. D. B. N. A. N. R. N. L. N. v., 884 So. 2d 291 (Fla. Dist. Ct. App. 2004)

. . . challenge the trial court’s findings regarding the children’s manifest best interests pursuant to section 39.810 . . . 39.806 and proof that termination is in the manifest best interests of the child pursuant to section 39.810 . . .

C. B. v. DEPARTMENT OF CHILDREN FAMILIES,, 879 So. 2d 82 (Fla. Dist. Ct. App. 2004)

. . . See §§ 39.810(1)-(11), Fla. Stat. (2003). . . . Séction 39.810, Florida Statutes, provides various factors the trial court must consider when evaluating . . . (where the court suggests that section 39.810, Florida Statutes, “renders the less restrictive means . . . to establish, by clear and convincing evidence and considering the applicable provisions of section 39.810 . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. F. L., 880 So. 2d 602 (Fla. 2004)

. . . the majority that section 39.806(0®; Florida Statutes, is constitutional, but I believe that section 39.810 . . . This is where section 39.810 comes in. . . . We decided Padgett before section 39.810 was enacted. . . . Section 39.810 now provides the filler. . . . Therefore, section 39.810 renders the less restrictive means test unnecessary. . . . In brief response to Justice Cantero’s specially concurring opinion, I agree that section 39.810 contains . . . See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat. (2002). . . . . See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat. (2002). . . .

In D. D. R. D. Q. H. T. S. M. W. M. D. v., 879 So. 2d 10 (Fla. Dist. Ct. App. 2004)

. . . The trial court also found, based on the eleven factors contained in section 39.810, that termination . . . section 39.806 and that termination is in the manifest best interests of the child pursuant to section 39.810 . . . provide the necessary food, clothing, medical care, or other material needs of the children,” see § 39.810 . . . would be endangered if the children were returned to the custody of the biological parents,” see § 39.810 . . . and (4) “[t]here are limited emotional ties between the children and the biological mother,” see § 39.810 . . .

In K. A. K. A. K. A. K. A. v. S. A. v., 880 So. 2d 705 (Fla. Dist. Ct. App. 2004)

. . . See § 39.810, Fla. Stat. (2002). Again, the evidence at trial focused primarily upon the infant. . . . that Judge Sawaya has suggested that the "manifest best interests” considerations set forth in section 39.810 . . .

In E. I. F. a J. H. v., 872 So. 2d 924 (Fla. Dist. Ct. App. 2004)

. . . See § 39.810. . . .

M. H. O. O. S. B. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 866 So. 2d 220 (Fla. Dist. Ct. App. 2004)

. . . See § 39.810, Fla. Stat. (2001). . . .

In L. B. W. a V. W. v., 863 So. 2d 480 (Fla. Dist. Ct. App. 2004)

. . . (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the . . . Section 39.810 requires that in “determining the manifest best interests of the child, the court shall . . . is whether there is “[a]ny suitable permanent custody arrangement with a relative of the child.” § 39.810 . . . section 39.806 and that termination is in the manifest best interests of the child pursuant to section 39.810 . . . error here relates to its evaluation of the manifest best interests of the child pursuant to section 39.810 . . .

T. P. D. B. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 860 So. 2d 1084 (Fla. Dist. Ct. App. 2003)

. . . In my view, the provisions of section 39.810, Florida Statutes, make the creation of such a re-buttable . . . Failure to properly consider the manifest best interests of the child under section 39.810 constitutes . . . Section 39.810 requires the trial court to consider and evaluate all relevant factors in determining . . . Next, the trial court must consider under section 39.810(3), whether those same parents now have the . . . , particularly section 39.810(3). . . . RESTRICTIVE MEANS TEST STILL APPLICABLE IN TERMINATION OF PARENTAL RIGHTS CASES IN LIGHT OF SECTION 39.810 . . .

C. C. A. C. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 851 So. 2d 254 (Fla. Dist. Ct. App. 2003)

. . . that, on remand, the trial court was to reconsider “A.C.’s best interests, in accordance with section 39.810 . . . Unfortunately, the trial court did not address, directly or indirectly, the factors outlined in section 39.810 . . . Because the trial court did not specifically address the factors set forth in section 39.810, it did . . . remanded to the trial court to consider, expressly and specifically, the factors outlined in section 39.810 . . .

A. A. R. J. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 852 So. 2d 318 (Fla. Dist. Ct. App. 2003)

. . . . • The Department noted that under section 39.810, Florida Statutes (2002), when considering the manifest . . . Statutes (2002) has been met and that “the manifest best interests of the child, in accordance with s. 39.810 . . . Section 39.810 provides that in a hearing on a TPR petition, “the court shall consider the manifest best . . . ground for termination of parental rights exists under section 39.806, the quoted language from section 39.810 . . .

In D. S. B. R. R. R. C. R. M. R. v., 849 So. 2d 411 (Fla. Dist. Ct. App. 2003)

. . . See § 39.810, Fla. Stat. (2002). . . .

K. O. T. L. O. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 843 So. 2d 353 (Fla. Dist. Ct. App. 2003)

. . . termination order-findings of fact relating to the best interest of the child as required by section 39.810 . . .

P. O. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 840 So. 2d 360 (Fla. Dist. Ct. App. 2003)

. . . . §§ 39.809(1), 39.810, 39.811, Fla. Stat. (2001). . . .