TERRICE STEVENS AND YOLANDO STEVENS, APPELLANTS,
v.
WAYNE JOHNSON, APPELLEE
TERRICE STEVENS AND YOLANDO STEVENS, APPELLANTS,
WAYNE JOHNSON, APPELLEE
427 So. 2d 227
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FERGUSON, Judge.
There is competent and substantial evidence in the record to support the trial court’s determination that appellee, the natural father of the minor child born out of wedlock, had not abandoned the child after the mother’s death, but in fact had contributed to the child’s support in a repetitive, customary manner. Section 63.062, Fla.Stat. (1979). Therefore, appellee had standing to contest the petition for adoption of the child filed by appellants, relatives of the deceased mother. On these facts the “best interest of the child” doctrine will not operate to terminate the paramount custody rights of the natural parent. Nelson v. Herndon, 371 So. 2d 140 (Fla. 1st DCA 1979).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ramos v. Maximo E. Sanabria and Iliana (Jorge) Sanabria, 429 So. 2d 838 (Fla. 3d DCA 1983)…applied a “best interest of the child” test, which, while perfectly appropriate to deprive Ramos of custody of the child (an issue not here in dispute), is totally inappropriate to permanently deprive him of his parental rights. Stevens v. Johnson, 427 So. 2d 227 (Fla. 3d DCA 1983); Matter of Adoption of Cottrill, 388 So. 2d 302; Solomon v. McLucas, 382 So. 2d 339. Reversed with directions to vacate the final judgment of adoption, including the change of name of the minor, and enter judgment denying the pe…
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Gray Drugfair, Inc. v. Raven Heller & Redevco Corp., 478 So. 2d 1159 (Fla. 3d DCA 1985)…n with the overwhelming majority of the jurisdictions which have considered the issue since the Supreme Court held in Norfolk & Western R. Co. v. Liepelt, 444 U.S. 490, 100 S.Ct. 755, 62 L.Ed.2d 689 (1980), followed in Caribe Tugboat Corp. v. Duffy, 427 So. 2d 227 (Fla. 1st DCA 1983), review denied, 436 So. 2d 98 (Fla.1983), cert. denied, 464 U.S. 1041, 104 S.Ct. 706, 79 L.Ed.2d 170 (1984), that such a charge is required in an action under a federal statute, we decline to adopt Liepelt as a matter of the law…
Authorities Cited
- Nelson v. Herndon, 371 So. 2d 140 (Fla. 1st DCA 1979)