J.B., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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Appellate review of termination of parental rights is highly deferential, and a finding supported by clear and convincing evidence will not be overturned unless clearly erroneous or lacking in evidentiary support.
[1] Incarceration may be considered as a factor, together with other evidence, when determining whether to terminate parental rights on the ground of abandonment.
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Join FLexlaw to unlock all legal intelligenceFather appealed the termination of his parental rights in a Miami-Dade County case involving the Department of Children and Families.…
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PER CURIAM.
Affirmed. See Fla. Dep’t of Child. & Families v. A.R., 253 So. 3d 1158, 1164 (Fla. 3d DCA 2018) (“Appellate review of a termination of parental rights case is ‘highly deferential. . . . a finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support.’”
(quoting C.G. v. Dep’t of Child. & Families, 67 So. 3d 1141, 1143 (Fla. 3d DCA 2011))); J.E. v. Dep’t of Child. & Families, 126 So. 3d 424, 427 (Fla. 4th DCA 2013) (“While a trial court’s decision to terminate parental rights must be based on clear and convincing evidence, our review is limited to whether competent substantial evidence supports the trial court’s judgment.”); T.J. v. E.W.R., 721 So. 2d 723, 725 (Fla. 1998) (holding that incarceration may be a factor, when considered with other factors in evidence, when determining whether to terminate parental rights on the ground of abandonment).
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- J.E., Sr. v. Dep't of Child. & Families, 126 So. 3d 424 (Fla. 4th DCA 2013)
- C.G. v. The Dep't OF Child. & Families & The Guardian ad Litem Program, 67 So. 3d 1141 (Fla. 3d DCA 2011)
- W.T.J. v. E.W.R., 721 So. 2d 723 (Fla. 1998)
- Fla. Dept. of Child. & Families v. A.R. and R.L., 253 So. 3d 1158 (Fla. 3d DCA 2018)