J.W.S., NATURAL FATHER OF G.P., A CHILD, APPELLANT,
v.
G.H. AND F.B.H., MATERNAL GRANDPARENTS OF G.P., APPELLEES
Explore caselaw by topic → Browse Custody Determination cases and more on FLexlaw
PER CURIAM.
J.W.S., the natural father of G.P., appeals denial of his amended petition seeking custody of G.P., who had been placed in the temporary custody of her maternal grandparents after an adjudication of dependency. G.P. was adjudicated dependent at a time when she was not residing with J.W.S., who did not participate in the dependency proceedings before filing the petition seeking custody of G.P. J.W.S. is thus entitled to a determination whether placing G.P. with him “will endanger the safety, well-being, or physical, mental or emotional health of the child.” § 39.508(8), Fla. Stat. (Supp.1998). If not, “the father would be entitled to custody once his ability to care for [G.P.] was established.” In re Guardianship of D.A. McW., 460 So. 2d 368, 370 (Fla.1984).
Reversed and remanded for further proceedings.
BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., Senior Judge, CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
M.B. v. Dep't of Child. & Families, 785 So. 2d 1240 (Fla. 5th DCA 2001)…lan, then, the court allowed DCF to amend the report at the hearing declaring that placement would be with the father. 5. Failing to require DCF to file a completed home study on the father before awarding custody to the father. See J.W.S. v. G.H., 766 So. 2d 390, 391 (Fla. 1st DCA 2000). 6. Discharging the GAL before having received the Guardian’s written report. The deficiency in following the correct procedure required by Chapter 39, Florida Statutes, by both DCF and the court requires us to remand with…
Authorities Cited
- In re Guardianship OF D.A.McW. v. McWHITE, 460 So. 2d 368 (Fla. 1984)