The Problem of LRM and Abandonment

The mother appeals an order terminating her parental rights. She argues the court erred in denying her motion to dismiss the amended petition, which failed to allege reasonable efforts to preserve and reunify the family, that termination was not the least restrictive means of protecting the child, and that the mother was not responsible for the lack […]

Florida Declines Jurisdiction Over Every Baby Conceived on Vacation There

It is completely contrary to the legislative goals of the UCCJEA for Florida to assert jurisdiction to superintend the custody, shared parental responsibility, and visitation where the child is not and has never been a resident of this state. The mere fact of conception in this state is not such a tie to permit the […]

A Small Pharmacy in Her Purse

On appeal, the mother argues that drug tests showing the use of drugs prescribed to her cannot support the conclusion that she failed to substantially comply with her case plan. Certainly, the legitimate use of prescribed medications should not lead to a parent’s loss of parental rights, but that is not the situation here. On […]

C.G. v. DCF: Judicial Notice Is Ok

C.G. v. Department of Children and Families — So.3d —-, 2011 WL 3250545 Fla.App. 3 Dist.,2011. August 01, 2011. The only thing interesting about this TPR appeal is the discussion on judicial notice. The Mother argued that the trial court erred in judicially noticing the dependency orders because they were entered at less than clear-and-convincing […]