E.D., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 3d DCA | 2026-07-22
No. 2026-0223
Alvarez Barakat, J., Logue, J., Lindsey, J., Lobree, J.
2026 FL 9316 Florida District Court of Appeal, Third District (2026)

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Holding

Parental rights may be terminated when the record contains substantial, competent evidence establishing by clear and convincing evidence that statutory grounds for termination exist under section 39.806(1)(b) or (1)(f), Florida Statutes.


Headnotes

[1] In parental rights termination cases, the appellate court reviews whether the trial court's order is supported by competent substantial evidence, and the trial court has…

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Key Quotes

“The standard of review where a trial court terminates parental rights on the basis of egregious conduct, is whether the order is supported by competent substantial evidence.”

Establishing the applicable standard of review for parental rights termination cases

Facts & Procedural History

E.D., the father, had his parental rights terminated regarding his children Em.D. and Ez.D. The Department of Children and Families sought termination…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed July 22, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D26-0223

Lower Tribunal No. D24-15187

E.D., the Father, Appellant,

vs.

Department of Children and Families, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Michelle Alvarez Barakat, Judge.

Kevin G. Thomas, for appellant.

Sara Elizabeth Goldfarb, and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem; Karla Perkins, for appellee Department of Children and Families.

Before LOGUE, LINDSEY and LOBREE, JJ.

PER CURIAM.

E.D., the father, appeals a final judgment terminating his parental rights

to his children, Em.D. and Ez.D. We affirm because the record contains substantial, competent evidence that the Department of Children and Families established by clear and convincing evidence that statutory grounds for termination exist, specifically section 39.806(1)(b) and (1)(f), Florida Statutes (2025). “The parental rights of one parent may be severed . . . '[i]f the protection of the child[ren] demands termination of the rights of the single parent" or ""[i]f the parent whose rights are being terminated meets any of the criteria specified in s. 39.806(1) . . . (f).” § 39.811(6)(d), (e), Fla. Stat. (2025). "The standard of review where a trial court terminates parental rights on the basis of egregious conduct, is whether the order is supported by competent substantial evidence." I.D. v. Dep't of Child. & Fams., 13 So. 3d 1117, 1119 (Fla. 3d DCA 2009); S.M.O. v. Dep't of Child. & Fams., 357 So. 3d 773, 777 (Fla. 3d DCA 2023) (same). “[I]t is within the province of the trial court to weigh the evidence presented and to make credibility determinations.” I.D., 13 So. 3d at 1120 (citing M.R. v. Dep't of Child. & Fam. Servs., 783 So. 2d 277, 278 (Fla. 3d DCA 2001)).

Affirmed.


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