Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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J.B. v. Department of Children & Families3D21-2044

Court
3rd DCA
Decided
2022-02-09
Case
TPR
Appellant
Father
County
Miami-Dade

Affirmed Termination affirmed under the deferential standard, citing authority that incarceration may be considered with other factors on abandonment.

Issue
TPR ground: abandonment
Facts
Parent's incarceration, Abandonment / no contact or support

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

Court's PDF On CourtListener
       Third District Court of Appeal
                               State of Florida
                       Opinion filed February 9, 2022.
       Not final until disposition of timely filed motion for rehearing.
                            ________________
                             No. 3D21-2044
                       Lower Tribunal No. 05-15686
                          ________________
                            J.B., The Father,
                                  Appellant,
                                     vs.
           Department of Children and Families, et al.,
                                 Appellees.

     An Appeal from the Circuit Court for Miami-Dade County, Angelica D. Zayas, Judge.
     Thomas Butler, P.A., and Thomas J. Butler, for appellant.
      Karla Perkins, for appellee Department of Children and Families; Sara E. Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals (Tallahassee); KCB Law, PLLC, and Khairiya C. Bryant (Orlando), for appellee Guardian ad Litem.

Before LOGUE, SCALES and GORDO, JJ.
     PER CURIAM.
      Affirmed. See Fla. Dep’t of Child. & Families v. A.R., 
253 So. 3d 1158, 1164
 (Fla. 3d DCA 2018) (“Appellate review of a termination of parental rights case is ‘highly deferential. . . . a finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support.’” (quoting C.G. v. Dep’t of Child. & Families, 
67 So. 3d 1141, 1143
 (Fla. 3d DCA 2011))); J.E. v. Dep’t of Child. & Families, 
126 So. 3d 424, 427
 (Fla. 4th DCA 2013) (“While a trial court’s decision to terminate parental rights must be based on clear and convincing evidence, our review is limited to whether competent substantial evidence supports the trial court’s judgment.”); T.J. v. E.W.R., 
721 So. 2d 723, 725
 (Fla. 1998) (holding that incarceration may be a factor, when considered with other factors in evidence, when determining whether to terminate parental rights on the ground of abandonment). 

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.