J.S., FATHER OF K.S., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A Florida appellate court reversed a trial court's finding that a father was an offending parent in a dependency case, holding that the evidence of domestic violence between separated parents was insufficient to support the adjudication where the parents had been separated for over 16 months and the child was not shown to be affected by the alleged incidents.
The court reversed the trial court's finding that the father was an offending parent because the evidence was insufficient to support the adjudication. The trial court's conclusion was not supported by substantial competent evidence.
[1] A finding that a parent is an "offending parent" requires substantial competent evidence.
[2] The acrimonious relationship between separated parents, without more, is insufficient to warrant an adjudication of dependency.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The acrimonious relationship between these now-separated parents was insufficient, by itself, to warrant an adjudication of dependency.”
Establishes that mere conflict between separated parents, without more, cannot support a dependency finding.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceK.S., then 21 months old, was removed from his mother's care in May 2007 and placed with relatives. The mother was adjudicated as having abused or neg…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Abandonment Of Child cases and more on FLexlaw
EVANDER, J.
J.S., the father, appeals from a dependency order finding him to be an offending parent. We reverse.
In May, 2007, then 21-month-old K.S. was removed from his mother by DCF and placed with relatives. Shortly thereafter, DCF filed a dependency petition which included allegations solely as to K.S.’ mother. The mother consented to the allegations and K.S. was adjudicated dependent on July 24, 2007. The day prior, DCF filed a supplemental dependency petition, alleging that the father had abused, abandoned, or neglected K.S., or had placed the child at substantial risk of imminent abuse, abandonment, or neglect. Specifically, the supplemental petition alleged that the father had (1) abandoned the child, (2) engaged in domestic violence with the mother in the presence of the child which could have resulted in injury to the child, and (3) had failed to appropriately supervise the child.
The father denied the allegations and the case proceeded to an adjudicatory hearing. At the conclusion of the hearing, the trial court found that DCF had failed to prove the allegations of abandonment and negligent supervision, but had proved the allegations of domestic violence. The court subsequently entered a written order, finding the father to be an offending parent because:
The ... father and mother have engaged in violent behavior/domestic violence for some time in the presence of the child, and which could have resulted in injury to the child, specifically an incident of domestic violence in which the child was taken from the mother’s arms.
It is from this order that the father appeals.
We find that the trial court’s conclusion was not supported by substantial competent evidence. The evidence, taken in the light most favorable to DCF, reflects that the father and mother ceased living together in March, 2006, when the child was seven months old. The parties were separated over sixteen months prior to the filing of the supplemental petition. There was no evidence that would suggest that the parties intend to live with each other again. (Indeed, it appears that the father married a different woman subsequent to his breakup with K.S.’ mother.) During the period that K.S.’ parents lived together, loud verbal arguments were apparently a regular occurrence. There was only one incident in which the mother testified that the father physically abused her. This incident occurred when the child was only a few weeks old. The mother testified that she “raised her hand” to the father during an argument. The father twisted her arm, took the child from the mother’s other arm, and left the residence with the child. The other incident, which DCF contends is significant, occurred when the child was seven months old. After an argument with the father, the mother took the child and got into her car. By her own admission, she “sped off’ and “spun [her] tires.” According to the mother, the father followed her in a separate car and made unspecified threats to her during the parties’ ensuing cell phone conversation. The father provided the only specifics regarding the contents of the cell phone conversation. He testified that he told K.S.’ mother that “she needed to slow down with my son in the car.” He also stated that after the piother threatened to damage his two cars, he responded “if you mess with my cars, I’m going to mess with your face.”
The acrimonious relationship between these now-separated parents was insufficient, by itself, to warrant an adjudication of dependency. W.T. v. Dep’t of Children and Families, 787 So. 2d 184 (Fla. 5th DCA 2001). Furthermore, there was no evidence that the child was affected by the two alleged incidents of domestic violence. To the extent that the child was placed at risk of harm during either of these incidents, it appears that such risk was caused primarily by the mother. In the first incident, she raised her arm-at the father while holding the child because he wanted to temporarily have the child. In the second incident, she drove in an arguably dangerous manner while the child was in her car. The evidence was simply insufficient to support a finding that the father was an offending parent. C.W. v. Dep’t of Children and Families, 789 So. 2d 497 (Fla. 5th DCA 2001).
REVERSED.
PLEUS and ORFINGER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gourley v. State, 787 So. 2d 184 (Fla. 5th DCA 2001)
- C.W. v. Dept. OF Children AND Families, 789 So. 2d 497 (Fla. 5th DCA 2001)