CopyCited 134 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660
...The petition also stated that although J.A. was able, he refused to provide financial support after he was informed he might be the father of the child. In addition, the petition alleged physical and financial abandonment of the birth mother and child pursuant to sections
63.089,
63.064(1) and
63.032(1), Florida Statutes (2005)....
...petition." The notice of petition and notice of hearing, which were in the form prescribed by section
63.088(3), Florida Statutes (2005), informed J.A. of the date and time of the hearing on the petition to terminate his parental rights and contained the following warning: UNDER SECTION
63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL *194 RIGHTS YOU MAY HAVE REGARDING THE MINOR CHILD....
...did not comply with this subsection, then J.A.'s parental rights may be terminated. If J.A. demonstrates compliance with all applicable subsections, then the trial court must determine if his consent is required for the adoption. However, the adoption entity may pursue its claim of abandonment under sections
63.089,
63.064(1) and
63.032(1), as pled in the petition for termination of parental rights....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2005 WL 2292311
...The court may terminate the parental rights of the mother if the court determines by clear and convincing evidence that the mother executed a valid consent under section
63.082, Florida Statutes, and that the consent was obtained according to the requirements of Chapter 63. See Fla. Stat. §
63.089(3)(a)(2004)....
...Abandonment by the Father The trial court excused the father's consent to adoption upon finding that he abandoned the child. The court may excuse the father's consent to adoption if it finds by clear and convincing evidence that the father has abandoned the minor child. § 63.089(3)(e), Fla....
...e. See E.A.W,
658 So.2d at 967; Matter of Adoption of Doe,
543 So.2d 741 (Fla.1989); see also §
63.032(1). However, the adoption statute defines "abandoned" as a situation where the parent makes no support provisions "while being able." Pursuant to section
63.089(4)(a), the court must consider the needs of the child and the relative means and resources available to the person alleged to have abandoned the child....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2683776
...2d DCA July 21, 2006), the statute that authorizes the trial court to terminate parental rights pending adoption does not apply to cases, such as this, where the father has failed to comply with the registration requirements of section
63.062. See §
63.089(3). [2] Section
63.089(3) provides that "[t]he court may enter a judgment terminating parental rights pending adoption if the court determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s....
...al fathers who have registered with the Putative Father Registry. However, since J.C.J. failed to register with the Putative Father Registry, his consent to R.P.S.'s adoption was not required and the grounds for terminating parental rights listed in section 63.089(3) do not apply to him....
...will be a party to a termination of parental rights action. Although the trial court found that J.C.J.'s consent to the adoption was not required due to his failure to register, the trial court nevertheless terminated J.C.J.'s parental rights pursuant to section 63.089(3). This was error. Since section 63.089(3) specifies the grounds upon which the trial court may terminate the parental rights of a parent whose consent is required, that section cannot apply to J.C.J. since his consent was not required and he was not a parent. Even if J.C.J. was a person whose consent was required, none of the grounds specified in section 63.089(3) apply to J.C.J....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
...ghts, inchoate or otherwise, that the father may have. The legislature's intent to treat an unmarried biological father such as A.S. as a "non-parent" who has no established rights requiring termination is further demonstrated in sections
63.088 and
63.089....
...for, only those persons "whose consent to adoption is required." Notice to an unregistered putative biological father, such as A.S., is not required because he is not a person whose consent is required. There are numerous grounds for termination in section 63.089(3), but these refer only to "each person whose consent to adoption is required." [15] Thus, Gift of Life properly followed the statute when it neither named nor served A.S....
...de the adoption entity with a copy of the verified response filed with the court and the claim of paternity form filed with the Office of Vital Statistics. [15] This statute also permits termination based upon a theory of parental "abandonment." See § 63.089(4)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 3327780
...rental rights pursuant to this chapter, the court must consider, among other relevant factors not inconsistent with this section: . . . 2. Whether the person alleged to have abandoned the child, while being able, failed to provide financial support; § 63.089(4)(a)(2), Fla....
...Because the ultimate issue is the intent of the parent, as determined by reasonable inferences that may be drawn from the conduct of the parent, it is a question of fact for the trial judge. Id. The judge must consider the factors enumerated in the statute and all "other relevant factors ...." § 63.089(4)(a), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 20849, 2014 WL 7331269
...l-being. *1274 In Father’s rehearing motion, he argued that his consent to adoption was valid, absent findings that it was obtained by fraud or duress, which was not alleged. Father stated that the court misapplied the burden of proof. Pursuant to section 63.089, Florida Statutes (2013), the court should have applied the clear and convincing evidence standard only to determine whether Father had executed a valid consent and whether that consent was obtained according to the requirements of chapter 63....
...The final judgment of adoption shall have the effect of terminating parental rights simultaneously with the granting of the decree of adoption.”). Thus, in this case, the termination of parental rights *1275 and the adoption are dealt with in the same proceeding. Section
63.089(3)(a) allows the trial court to terminate parental rights pending adoption if it determines, by clear and convincing evidence, supported by written findings, that the parent has executed a valid consent under section
63.082 and the consent was obtained according to the requirements of chapter 63....
...Different evidentiary burdens of proof apply to each determination. The former determination on “termination of parental rights” must be proven by clear and convincing evidence, while the latter, “best interests determination,” is to be proven by a preponderance of the evidence. Compare § 63.089(3), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2596365
...was a party whose consent was needed in order to proceed with the adoption. See J.A.,
963 So.2d at 191. Thus, at the final hearing upon remand, the only issue remaining as to J.C.J. was whether his parental rights should be terminated because of his abandonment of the child. See Id. at 202 (citing §§
63.089,
63.064(1),
63.032(1), Fla....
...to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father toward the child's mother during her pregnancy. § 63.089(4)....
...Because the record supports the trial court's finding of abandonment, we affirm the final judgment terminating J.C.J.'s parental rights. [3] Affirmed. KELLY and WALLACE, JJ., Concur. NOTES [1] HOA included abandonment as a ground for termination of J.C.J.'s parental rights in its original petition. See §
63.089(4), Fla. Stat. (2004). The trial court correctly rejected J.C.J.'s argument that language in our prior opinion, see J.C.J.,
942 So.2d at 908, stating "none of the grounds specified in section
63.089(3) apply to J.C.J." became "law of the case" on the issue of abandonment....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 14744
...The court may terminate the parental rights of the mother if the court determines by clear and convincing evidence that the mother executed a valid consent under section
63.082, Florida Statutes, and that the consent was obtained according to the requirements of Chapter 63. See Fla. Stat. §
63.089 (3)(a)(2004)....
...Abandonment by the Father The trial court excused the father’s consent to adoption upon finding that he abandoned the child. The court may excuse the father’s consent to adoption if it finds by clear and convincing evidence that the father has abandoned the minor child. § 63.089(3)(e), Fla....
...See E.A.W,
658 So.2d at 967 ; Matter of Adoption of Doe,
543 So.2d 741 (Fla.1989); see also §
63.032(1). However, the adoption statute defines “abandoned” as a situation where the parent makes no support provisions “while being able.” Pursuant to section
63.089(4)(a), the court must consider the needs of the child and the relative means and resources available to the person alleged to have abandoned the child....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19447, 2012 WL 5458083
...had complied with the statutory requirements for asserting his rights as an unmarried biological father, such a finding of abandonment independently supports the granting of the petition. Furthermore, this finding was made after S.C. was appointed counsel. See § 63.089(3)(e)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 14110
parental rights pending adoption are contained in section
63.089(3), Florida Statutes. A trial court’s determination
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 597042
...Although there was no explicit finding by the court establishing appellant as the child's statutory parent in its order denying appellant's motions, we consider the court implicitly found, by addressing the motions on their merits and tracking the provisions of section 63.089(4), Florida Statutes (2005), relating to a father's abandonment of his child, that appellant's status in such regard had been established during the later proceeding....
...cured by his appearance and testimony at the later proceeding, which, although designated as one seeking relief from judgment, met all the requisites essential for a hearing conducted on a petition to terminate parental rights pending adoption under section 63.089....
...The biological father has not filed an acknowledgment of paternity with the Office of Vital Statistics of the Department of Health.... Pursuant to §
63.062, Fla. Stat., the consent of the birth father is not required. [2] This provision states in part: (1) Unless supported by one or more of the grounds enumerated under s.
63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s....
...a parent for purposes of a termination proceeding. The burden of showing that an unmarried biological father meets the definition of a parent in order for his rights to be terminated is, in our judgment, placed on the party seeking termination. See § 63.089(2)(a)3., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2279, 2006 WL 401316
...Thus, the clerk will not accept his pleading for filing without a case number, but he cannot obtain the case number because the file is confidential. The confidentiality of papers and records in termination and adoption proceedings is protected by statute. See § 63.089(8), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 3136496, 2012 Fla. App. LEXIS 12641
...However, he seeks continued contact with the children, presumably requiring the natural mother bring the children to his institution. M.S.B. misconstrúes the legal impact of the termination of his parental *533 rights and the subsequent adoption by the stepfather. AFFIRMED. ORFINGER, C.J., and TORPY, J., concur. . Section 63.089(4)(b), Florida Statutes (2011), provides that where a parent is or will be incarcerated for a significant period of a child's minority, the child is deemed to have been abandoned.
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 12180, 2016 WL 4261865
...If a parent does not consent to the termination, the court may enter a judgment terminating parental rights if it determines by clear and convincing evidence supported by written findings of fact that the parent has been given notice and has abandoned the child. See § 63.089(3)(e)....
...5th DCA 1985))). In making an abandonment determination under this chapter, the trial court must consider, among other factors) “[w]hether the actions alleged to constitute abandonment demonstrate a willful disregard for the safety or welfare of the child.” § 63.089(4)(a)(l)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5527
...We affirm the father’s remaining issues without comment. Section 68.062(1), Florida Statutes (2009), authorizes termination of parental rights pending adoption when the parents have executed written consent that complies with section
63.082, Florida Statutes (2009). Section
63.089, Florida Statutes (2009), permits the circuit court to terminate parental rights pending adoption when it has determined by clear and convincing evidence that the parent has “executed a valid consent under s....
CopyPublished | Supreme Court of Florida
...1982) (applying the federal standing rule only because
both statutes recognized a form of associational standing).
18. See, e.g., §
775.21(3)–(5), Fla. Stat. (2023) (expressly
requiring a trial court to make written finding that an offender is a
sexual predator or a sexually violent offender); §
63.089(3), (5)–(7),
Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 15505
...2d DCA July 21, 2006), the statute that authorizes the trial court to terminate parental rights pending adoption does not apply to cases, such as this, where the father has failed to comply with the registration requirements of section
63.062. See §
63.089(3). 2 Section
63.089(3) provides that “[t]he court may enter a judgment terminating parental rights pending adoption if the court determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s....
...fathers who have registered with the Putative Father Registry. However, since J.C.J. failed to register with the Putative Father Registry, his consent to R.P.S.’s adoption was not required and the grounds for terminating parental rights listed in section 63.089(3) do not apply to him....
...will be a party to a termination of parental rights action. Although the trial court found that J.C.J.’s consent to the adoption was not required due to his failure to register, the trial court nevertheless terminated J.C.J.’s parental rights pursuant to section 63.089(3). This was error. Since section 63.089(3) specifies the grounds upon which the trial court may terminate the parental rights of a parent whose consent is required, that section cannot apply to J.C.J. since his consent was not required and he was not a parent. Even if J.C.J. was a person whose consent was required, none of the grounds specified in section 63.089(3) apply to J.C.J....
CopyPublished | Florida 1st District Court of Appeal
...II.
The trial court’s decision to deny Appellants’ petition to
terminate Appellee’s parental rights to R. pending their petition
for stepparent adoption, was predicated on a complex, interlocking
interpretation of the factors in section 63.089, Florida Statutes
(2017)....
...for a significant period of
R.’s minority, but also that Appellee had, in general, “abandoned”
R., as that term is defined in section
63.032, Florida Statutes, and
further, that Appellee had abandoned R. according to the elements
set forth in section
63.089(4)(a)1.-4., Florida Statutes.
A.
The order on review presents a pure question of law and
statutory interpretation....
...Although the trial court in the present case did not
expressly cite to these two rules of construction, the tenor of its
analysis suggests that it effectively employed them. It is our view,
however, that the court needlessly went beyond the plain meaning
of the statute.
The language of section 63.089(4) is clear and unambiguous.
Unpacked, it provides a cascade of independent factors for the trial
court to evaluate in determining the issue of abandonment. To
begin with, section 63.089(3), Florida Statutes, provides in
relevant part:
Grounds for terminating parental rights
pending adoption.--The court may enter a judgment
terminating parental rights pending adoption if the court
determines by...
...63.062:
4
....
(e) Has been properly served notice of the proceeding
in accordance with the requirements of this chapter and
has been determined under subsection (4) to have
abandoned the minor; . . .
(Emphasis added.)
Section 63.089(4), Florida Statutes, adds:
Finding of abandonment.--A finding of
abandonment resulting in a termination of parental
rights must be based upon clear and convincing evidence
that a parent or person...
...child to be abandoned. In making this decision, the court
may consider the conduct of a father towards the child’s
mother during her pregnancy.
5
Having referenced abandonment as defined in section
63.032(1), section
63.089(4) continues:
(a) In making a determination of abandonment at a
hearing for termination of parental rights under this
chapter, the court shall consider, among other relevant
factors not inconsistent with this section:
1....
...abandoned the child.
Subsection (4)(a) requires no parsing. According to its terms, the
trial court will make a finding of abandonment as defined in
section
63.032(1) and, in doing so, consider the four factors in
subparagraphs 1.-4.
But, section
63.089(4)(b), Florida Statutes, contemplates a
distinctly different scenario, as is evident in its opening sentence:
The child has been abandoned when the parent of a
child is incarcerated on or after October 1, 2001, in a
federal, state, or county correctional institution and:
1....
....
(Emphasis added.) The emphasized language of this paragraph is
unassailably definitional. It expresses the essential nature of
“abandonment” in the context of an incarcerated parent who will
remain so for a “significant portion of the child’s minority.” §
63.089(4)(b)1., Fla....
...the court “shall consider the child’s age and the child’s need for a
permanent and stable home.” Id. By its clear terms, subsection
(4)(b) is an independent, alternative means of establishing
abandonment.
In the instant case, however, the trial court applied the factors
in section
63.089(4) linearly, beginning with the introductory
reference to the definition of abandonment in section
63.032, then
proceeding downward to the salient considerations in subsections
(4)(a) and (4)(b). The result was a legal analysis that eviscerated
the legislative concept of abandonment through incarceration. The
significance of this misplaced examination is evidenced by the way
in which the court evaluated the facts under section
63.089(4)(b)1.:
The Father was incarcerated in January 2010....
...The period of
incarceration will be 13 years. The child is currently 13
years old. . . . While few people could argue 13 out of 18
years is not a significant period of time, the child has not
also been abandoned by the [F]ather as required by
section
63.089(4) and defined in section
63.032, Fla. Stat.
Therefore, the ground for termination listed in section
63.089(4)(b), Fla. Stat. has not been met.
There is no foundation in section
63.089(4) to support the
emphasized language in the above-quoted paragraph. Put another
way, there is no suggestion in the statutory language that
abandonment in the context of section
63.089(4)(b) is contingent
on any other definition of abandonment that precedes it in the
statute. Lending credence to this notion that section
63.089(4)(b)
offers up separate reasons for finding abandonment is the fact that
7
it proposes three distinct disjunctive scenarios of parental
incarceration that would constitute abandonment. See §
63.089(4)(b)1.-3, Fla. Stat. Unquestionably, by its plain terms,
section
63.089(4)(b) is to be read separate and apart from section
63.089(4) and (4)(a).
Moreover, the trial court’s misapprehension that the
definition of “abandoned” in section
63.032(1) overlays all of
section
63.089(4) led it to accord undue importance to the Second
District’s opinion in In re B.W.G., 198 So....
...2d
DCA 2016), and that decision’s emphasis on the parent’s conduct
as manifesting a settled purpose to permanently forgo all parental
rights—behavior evincing a complete relinquishment of
responsibility. But B.W.G. did not involve an incarcerated parent.
The analysis in that case proceeded under sections
63.032 and
63.089(4)(a).
However, and as noted by the trial court below, the Second
District in B.W.G....
...v.
Dep’t of Children & Family Servs.,
979 So. 2d 1075, 1080 (Fla. 2d
DCA 2008), J.T. v. Dep’t of Children & Family Servs.,
819 So. 2d
270, 272 (Fla. 2d DCA 2002), and, lastly, R.R. v. M.M.,
143 So. 3d
449, 450 (Fla. 2d DCA 2014). That observation is sound, and
section
63.089(4)(b) reflects its wisdom by predicating
abandonment under that subsection not on incarceration alone,
but on a period of incarceration that will constitute “a significant
portion of the child’s minority” and requiring the court...
...ble
home.” Moreover, T.H., J.T., and R.R. involved different facts and
proceeded under chapter 39.
The trial court acknowledged the Fifth District’s observation
in M.S.B. v. R.B.,
93 So. 3d 532 (Fla. 5th DCA 2012) (Mem.), that
“[s]ection
63.089(4)(b), Florida Statutes (2011), provides that
where a parent is or will be incarcerated for a significant period of
a child’s minority, the child is deemed to have been abandoned.”
Id....
...8
did not abandon the child according to the definition of section
63.032(1), the legislature should amend the statutes to reflect
this.” That conclusion is not consistent with the statute, since the
unambiguous language of section
63.089(4)(b) provides that “[t]he
child has been abandoned when” the parent will be incarcerated
for a significant period of the child’s minority. (Emphasis added.)
The Fifth District in M.S.B. got it right.
Appellee defends the trial court’s reliance on the introductory
language of section
63.089(4) by analogizing it to the statutory
analysis employed in Hilton v....
...requirements for windshields in order to find if a violation had in
fact occurred.
In this case, Appellee seizes on the supreme court’s reliance
in Hilton on the “introductory language” of section
316.610, and
urges that the “introductory language” of section
63.089(4) be
given the same gloss. However, the statutory analysis employed in
Hilton is unsuitable for understanding how section
63.089(4)
operates for the simple reason that, at issue here, is a
comprehensive statutory formula for determining if a child has
been abandoned by a parent, not a singular statute setting forth
guidelines for vehicular safety that requires the factfinder to
search chapter 316 for the discrete vehicular equipment
requirements. That process requires reading different statutory
sections in pari materia. But the introductory language of section
63.089(4) does not require going outside the statutory criteria
apart from the reference to section
63.032. It does not alter the fact
10
that section
63.089(4)(b) provides an alternative ground for a
finding of abandonment. To apply Hilton chapter and verse here
would be to ignore the clear and unambiguous language of section
63.089(4).
Accordingly, the trial court erred as a matter of law in
concluding that the ground for termination listed in section
63.089(4)(b) had not been met because Appellants failed to prove
by clear and convincing evidence that Appellee abandoned R. as
that term is defined in section
63.032(1) and section
63.089(4)(a).
As a result, the cause must be remanded for the court to reconsider
Appellants’ petition under the correct interpretation of the statute.
B.
Moreover, due to evidentiary errors committed by the trial
court, a new hearing is required on remand....
...termination of Appellee’s parental rights. Consequently, we hold
that the trial court erred in denying the Appellants’ motion for
counsel to obtain the records.
III.
In conclusion, the trial court’s misinterpretation of the
provisions of section 63.089(4) and its erroneous evidentiary
rulings warrant reversal and remand for a new hearing.
REVERSED and REMANDED for further proceedings consistent
with this opinion.
WOLF and ROBERTS, JJ., concur.
_______________...
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 809, 2002 Fla. LEXIS 1953, 2002 WL 31190929
...er of venue, you have the right to request that the hearing on the petition to terminate parental rights be transferred to the county in which you reside. You may object by appearing at the-hearing or filing a written objection with the court. UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR CHILD....
CopyPublished | Florida 5th District Court of Appeal
...("Mother" and "Prospective Adoptive Parent," respectively) appeal the denial of their petition for stepparent adoption of J.M.B.-S. ("Child"). In the petition, they sought to excuse the necessity of obtaining the consent of M.S. ("Father"), alleging that he abandoned Child pursuant to section 63.089(4), Florida Statutes (2016)....
CopyPublished | Florida 5th District Court of Appeal
...("Mother" and "Prospective Adoptive Parent," respectively) appeal the denial of their petition for stepparent adoption of J.M.B.-S. ("Child"). In the petition, they sought to excuse the necessity of obtaining the consent of M.S. ("Father"), alleging that he abandoned Child pursuant to section 63.089(4), Florida Statutes (2016)....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 6031048, 2013 Fla. App. LEXIS 18158
...ire not to place the child in foster care or involve the Department of Children and Families. Appellee filed a motion for rehearing in which he argued that the court’s adjudication of the child as dependent was improper. In support, Appellee cited section 63.089(5), Florida Statutes (2010), 1 which provides: If the court does not find by clear and convincing evidence that parental rights of a parent should be terminated pending adoption, the court must dismiss the petition and that parent’s...
...However, we held that the trial court erred in proceeding to adjudicate the child dependent because that *1240 action was not authorized in a chapter 63 proceeding. We observed that after finding that Appellee had not abandoned the child, the trial court was required to dismiss the petition: Section 63.089(5) is clear and unambiguous....
CopyPublished | Florida 5th District Court of Appeal
...he children's minority. Alternatively, she contended that continuing the parental relationship with M.D. would be harmful to the children and, for this reason, termination of M.D.'s parental rights would be in the best interests of the children. See § 63.089(4)(b)1. & 3., Fla. Stat. (2015). Following an evidentiary hearing, the trial court denied D.M.'s petition. 1 As D.M. correctly observes, the trial court's order does not include written findings addressing the criteria set forth in section 63.089(4), as required by section 63.089(5)....
...Disston v. Hanson ,
116 So.3d 612 , 613 (Fla. 5th DCA 2013). AFFIRMED. COHEN, C.J., ORFINGER and EISNAUGLE, JJ., concur. The trial court's order erroneously referred to section
39.806(1), Florida Statutes (2015), to interpret "abandonment" instead of section
63.089(4). However, the error was harmless, as there is no significant difference in the analysis under either statute. Compare §
63.089(4)(b), Fla....
CopyPublished | Florida 5th District Court of Appeal
...of the children’s minority. Alternatively, she contended that continuing the parental
relationship with M.D. would be harmful to the children and, for this reason, termination
of M.D.’s parental rights would be in the best interests of the children. See §
63.089(4)(b)1. & 3., Fla. Stat. (2015).
Following an evidentiary hearing, the trial court denied D.M.’s petition.1 As D.M.
correctly observes, the trial court’s order does not include written findings addressing the
criteria set forth in section 63.089(4), as required by section 63.089(5)....
...3d 612, 612 (Fla. 5th DCA 2013).
AFFIRMED.
COHEN, C.J., ORFINGER and EISNAUGLE, JJ., concur.
1 The trial court’s order erroneously referred to section
39.806(1), Florida Statutes
(2015), to interpret “abandonment” instead of section
63.089(4). However, the error was
harmless, as there is no significant difference in the analysis under either statute.
Compare §
63.089(4)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4700, 2016 WL 1178018
...erminating parental rights if the mother did not identify him to the adoption entity before the date she signed a consent for adoption 'or if he was not located because the mother failed or refused to provide sufficient information to locate him.” § 63.089, Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 285, 2002 Fla. LEXIS 542, 2002 WL 464628
...er of venue, you have the right to request that the hearing on the petition to terminate parental rights be transferred to the county in which you reside. You may object by appearing at the hearing or filing a written objection with the court. UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR CHILD....
CopyPublished | Florida 5th District Court of Appeal
...e a "full commitment" to being a parent to Child. Section
63.062(1) provides that the consent of certain persons is required before an adoption petition may be granted. See §
63.062(1), Fla. Stat. (2016). Nonetheless, a finding of abandonment under section
63.089(3) waives the consent requirement of any persons under section
63.062(1). See id. §
63.089(3)-(4); see also J.C.J....
...hat do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy. In addition, section
63.089(4) provides that a finding of abandonment under section
63.032(1) must be supported by clear and convincing evidence and identifies additional factors for the court's consideration: A finding of abandonment may also be based upon emoti...
...medical treatment; and 4. Whether the amount of support provided or medical expenses paid was appropriate, taking into consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child. §
63.089(4), Fla. Stat. (2016). Here, the trial court made no specific findings under sections
63.032(1) or
63.089(4)....
CopyPublished | Supreme Court of Florida
be in the best interests of the children. See §
63.089(4)(b)1. & 3., Fla. Stat. (2015). Following an
CopyPublished | Florida 2nd District Court of Appeal
...Acholonu,
Assistant Regional Counsel, Office of
Regional Conflict Counsel, Clearwater,
for Respondent.
LUCAS, Judge.
Gift of Life Adoptions (GLA) is an adoption agency that is endeavoring to
facilitate a baby's adoption by a prospective couple. As part of the adoption process,
pursuant to section 63.089, Florida Statutes (2017), GLA initiated the underlying action
to terminate the parental rights of the baby's biological parents....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 3044277, 2012 Fla. App. LEXIS 12219
...after finding that there was insufficient evidence to support termination of his parental rights. He contends that after making such a finding, the court had no choice but to dismiss the petition. We agree. The pertinent part of chapter 63 provides: 63.089....
...me during which the court has jurisdiction over the minor. Further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742. § 63.089(5), Fla....
...The court specifically found that there was insufficient evidence to establish that Appellant abandoned his child or that Appellant’s parental rights should be terminated on any other asserted ground. Instead of dismissing the petition after finding no basis for termination, as required by section 63.089(5), the trial court proceeded to create and adopt a case plan, order Appellant to complete several tasks, and order child support and visitation. This was error. Section 63.089(5) is clear and unambiguous....
CopyPublished | District Court of Appeal of Florida
defined in section
63.032. §
63.089(3)(e), Fla. Stat. And section
63.089(4) identifies additional factors
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 14, 2010 WL 22688
...cal father to a little girl. The stepfather brought the petition so he could adopt the child. The biological father is in prison. Although the trial judge made a legal error in focusing on section
39.806(l)(d)l, Florida Statutes (2008), to interpret section
63.089(4), Florida Statutes (2008), we find the error to be harmless....
...The judge found no abandonment by the biological father on a number of grounds. The significance of the two statutes cited above is that they prescribe different time periods for computation of the portion of the child’s minority that a parent will be incarcerated. See § 63.089(4)(b)l, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2009 WL 275173
...and the mother allegedly prevented him from providing support. We do not address these issues because they are matters to be resolved by the trial court on remand. [2] The grounds for termination of parental rights pending adoption are contained in section 63.089(3), Florida Statutes. A trial court's determination that there are grounds for termination must be made by clear and convincing evidence, supported by written findings of fact. § 63.089(3), Fla....
CopyPublished | Florida 5th District Court of Appeal
...failed to demonstrate a “full commitment” to being a parent to Child.
Section
63.062(1) provides that the consent of certain persons is required before
an adoption petition may be granted. See §
63.062(1), Fla. Stat. (2016). Nonetheless, a
finding of abandonment under section
63.089(3) waives the consent requirement of any
persons under section
63.062(1). See id. §
63.089(3)–(4); see also J.C.J....
...parental duties, the court may declare the child to be
abandoned. In making this decision, the court may consider
the conduct of a father towards the child’s mother during her
pregnancy.
In addition, section
63.089(4) provides that a finding of abandonment under section
63.032(1) must be supported by clear and convincing evidence and identifies additional
factors for the court’s consideration:
A finding of abandonment may also...
...Whether the amount of support provided or medical
expenses paid was appropriate, taking into consideration the
needs of the child and relative means and resources available
to the person alleged to have abandoned the child.
§
63.089(4), Fla. Stat. (2016). Here, the trial court made no specific findings under
sections
63.032(1) or
63.089(4)....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 19810
...(a) In making a determination of abandonment at a hearing for termination of parental rights pursuant to this chapter, the court must consider, among other relevant factors not inconsistent with this section: 2. Whether the person alleged to have abandoned the child, while being able, failed to provide financial support; § 63.089(4)(a)(2), Fla....
...Because the ultimate issue is the intent of the parent, as determined by reasonable inferences that may be drawn from the conduct of the parent, it is a question of fact for the trial judge. Id. The judge must consider the factors enumerated in the statute and all “other relevant factors ....”§ 63.089(4)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 13445, 2014 WL 4209216
...Hoffman, P.A., Fort Lauderdale, for
appellant.
No brief filed for appellee.
CONNER, J.
The maternal grandparents appeal the trial court’s order denying their
petition to terminate the father’s parental rights and to adopt their
grandchild. They argue that the trial court erred in interpreting section
63.089, Florida Statutes (2014) and Florida case law to require a finding
that the father exhibited a willful disregard for the child’s safety prior to
terminating the father’s parental rights....
...andoned”
contained within section
63.032, Florida Statutes (2014).1 The trial court
further stated, however:
W. That the Court has considered the holding In Beagle v.
Beagle,
678 So. 2d 1271 (Fla. 1996) and Florida Statute
Section
63.089(4)(a)....
...ermination.
2
adopt a child in the same petition. §
63.087(3), Fla. Stat. (2014). If a duly
executed consent by a parent is not filed with the court, notice of the
proceedings must be given to the parent. §
63.089(2)(a)3., Fla....
...A
court may enter a judgment terminating parental rights if the court
determines by clear and convincing evidence, supported by written
findings of fact, that the parent has been properly served with notice of the
proceedings, “and has been determined under subsection (4) to have
abandoned the child.” §
63.089(3)(e), Fla. Stat.
Subsection (4) of Section
63.089 provides:
(4) Finding of abandonment.--A finding of abandonment
resulting in a termination of parental rights must be based
upon clear and convincing evidence that a parent or person
having legal custody has abandoned the child in accordance
with the definition contained in s.
63.032.
§
63.089(4), Fla....
...rt and communicate
with the child are only marginal efforts that do not evince a
settled purpose to assume all parental duties, the court may
declare the child to be abandoned.
§
63.032(1), Fla. Stat. (2014) (emphasis added).
Section
63.089(4) further states:
(a) In making a determination of abandonment at a hearing
for termination of parental rights under this chapter, the court
shall consider, among other relevant factors not inconsistent
with this section:
1....
...4. Whether the amount of support provided or medical
expenses paid was appropriate, taking into consideration the
needs of the child and relative means and resources available
to the person alleged to have abandoned the child.
§ 63.089(4), Fla....
...maintenance or has failed to establish or maintain a substantial
and positive relationship with the child, or both.
5
definition of “abandoned” in Chapter 63 does not require such a finding.
Section
63.089(4)(a) simply states the court shall consider, among other
relevant factors, whether actions alleged to constitute abandonment
demonstrate a willful disregard for the safety or welfare of the child. In
essence, the trial court construed “abandoned” more narrowly than the
statute requires.
We reach that conclusion because section
63.089(4) states the sole
ground for termination of parental rights, absent consent, and requires a
finding by clear and convincing evidence that the parent has “abandoned”
the child as defined in section
63.032(1). We construe the provisions of
section
63.089(4)(a) to simply list factors the trial court should consider
which the legislature deemed to be particularly pertinent. We do not
construe the provisions of section
63.089(4)(a) to limit the definition of
“abandoned” under section
63.032(1) to only those situations.
As we observed in J.S....
CopyPublished | Florida 2nd District Court of Appeal
...If a parent does
not consent to the termination, the court may enter a judgment terminating parental
rights if it determines by clear and convincing evidence supported by written findings of
fact that the parent has been given notice and has abandoned the child. See §
63.089(3)(e)....
...5th DCA 1985))).
In making an abandonment determination under this chapter, the trial
court must consider, among other factors, "[w]hether the actions alleged to constitute
abandonment demonstrate a willful disregard for the safety or welfare of the child." §
63.089(4)(a)(1)....
CopyPublished | Florida 1st District Court of Appeal | 2010 WL 1642789
...We affirm the father's remaining issues without comment. Section
63.062(1), Florida Statutes (2009), authorizes termination of parental rights pending adoption when the parents have executed written consent that complies with section
63.082, Florida Statutes (2009). Section
63.089, Florida Statutes (2009), permits the circuit court to terminate parental rights pending adoption when it has determined by clear and convincing evidence that the parent has "executed a valid consent under s....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 5213, 2005 WL 856067
...s parental rights is upheld. In granting the petition, the trial court found that the Father, who is incarcerated, failed to appear telephonically at the summary judgment hearing, and the Father’s actions supported a finding of abandonment under section 63.089(3)(d), Florida Statutes (2002)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1438253, 2013 Fla. App. LEXIS 5714
...He then moved for access to the court file in the termination proceedings alleging that he needed access to the pleadings so that he can defend his paternity rights. The adoption entity objected to his access to the file, relying on the confidentiality provision of section 63.089(8), Florida Statutes, which provides: All papers and records pertaining to a petition to terminate parental rights pending adoption are related to the subsequent adoption of the minor and are subject to s....
