Dependency Law Finder

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

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E.D. v. Department of Children & Families3D2026-0223

Court
3rd DCA
Decided
2026-07-22
Case
TPR
Appellant
Father
County
Miami-Dade

Affirmed Termination affirmed because competent substantial evidence supported the abandonment and egregious conduct grounds, which permit terminating one parent's rights.

Issues
TPR ground: abandonment, TPR ground: egregious conduct, One-parent termination

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 July 22, 2026.
       Not final until disposition of timely filed motion for rehearing.
                            ________________
                             No. 3D26-0223
                      Lower Tribunal No. D24-15187
                          ________________

                             E.D., the Father,
                                  Appellant,
                                     vs.
           Department of Children and Families, et al.,
                                 Appellees.

      An Appeal from the Circuit Court for Miami-Dade County, Michelle Alvarez Barakat, Judge.
     Kevin G. Thomas, for appellant.
      Sara Elizabeth Goldfarb, and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem; Karla Perkins, for appellee Department of Children and Families.

Before LOGUE, LINDSEY and LOBREE, JJ.
     PER CURIAM.
     E.D., the father, appeals a final judgment terminating his parental rights to his children, Em.D. and Ez.D. We affirm because the record contains substantial, competent evidence that the Department of Children and Families established by clear and convincing evidence that statutory grounds for termination exist, specifically section 39.806(1)(b) and (1)(f), Florida Statutes (2025). “The parental rights of one parent may be severed . . . ‘[i]f the protection of the child[ren] demands termination of the rights of the single parent’” or “‘[i]f the parent whose rights are being terminated meets any of the criteria specified in s. 39.806(1) . . . (f).’” § 39.811(6)(d),(e), Fla. Stat. (2025). “The standard of review where a trial court terminates parental rights on the basis of egregious conduct, is whether the order is supported by competent substantial evidence.” I.D. v. Dep’t of Child. & Fams., 
13 So. 3d 1117, 1119
 (Fla. 3d DCA 2009); S.M.O. v. Dep’t of Child. & Fams., 
357 So. 3d 773
, 777 (Fla. 3d DCA 2023) (same). “[I]t is within the province of the trial court to weigh the evidence presented and to make credibility determinations.” I.D., 
13 So. 3d at 1120
 (citing M.R. v. Dep’t of Child. & Fam. Servs., 
783 So. 2d 277, 278
 (Fla. 3d DCA 2001)).
      Affirmed. 

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