NAOMI LOIS ADAMS (EVANS), APPELLANT,
v.
BOYD DANIEL EVANS, APPELLEE
NAOMI LOIS ADAMS (EVANS), APPELLANT,
BOYD DANIEL EVANS, APPELLEE
383 So. 2d 649
Florida District Court of Appeal, Fifth District (1980)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
CROSS and COBB, JJ., concur.
ORFINGER, J., concurs specially with opinion.
Concurrence
ORFINGER, Judge,
concurring specially:
This is an appeal from a non-final order (Interim Order on Custody). I concur in the result because the court has the power under chapter 61, Florida Statutes (1977) to temporarily give custody of children to someone other than the parents when the court finds, as it did here, that there appears to be a “. . . substantial present threat to the . . . well being of the children if they are permitted to continue to remain with either of the parties.” I agree with appellant, however, that the trial court did not have the power to commit these children to H.R.S. under the chapter 39, Florida Statutes (1977) petition, absent a finding of dependency; but this was corrected by the trial court in a subsequent modified order. We should give the trial court an opportunity to complete the disso lution proceeding and make a permanent custody award on the merits.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Belancy v. Booth, 400 So. 2d 1268 (Fla. 5th DCA 1981)…retionary power of the court. Dinkel v. Dinkel, 322 So. 2d 22 (Fla. 1975); Johnston v. Boram, 386 So. 2d 1230 (Fla. 5th DCA 1980). The appellant’s argument concerning the trial court’s finding of dependency is moot in this case. See Evans v. Evans, 383 So. 2d 649 (Fla. 5th DCA 1980) (concurring opinion by Judge Orfinger). The appellant has no constitutional or statutory right to raise the child in prison. Lawful incarceration limits many privileges and rights, a “retraction justified by the considerations u…