IN THE INTEREST OF C. P., A DEPENDENT CHILD
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.
The appellate court reversed a juvenile court's order declaring a child dependent and awarding temporary custody to the maternal grandmother. The court found insufficient evidence to support the dependency finding, returning custody to the natural mother pending further hearings.
No, the appellate court held that the record failed to disclose substantial, competent evidence to demonstrate the child's dependency as defined by the statute.
“We agree that the record fails to disclose such substantial, competent evidence to demonstrate the dependency of the minor child within the definition of the dependent child statute.”
This quote establishes the appellate court's primary reason for reversing the lower court's decision.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe maternal grandmother filed a petition to have her grandchild declared a dependent child and awarded temporary custody. The juvenile court granted …
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 Temporary Custody cases and more on FLexlaw
A petition was filed under § 39.05, Florida Statutes, F.S.A., by the maternal grandmother of a minor child, the objective being to have the juvenile court declare the minor child to be a dependent child and award to the grandmother temporary custody. The juvenile court, after hearing, found there were reasons to believe the then existing conditions and environment were such as to endanger the welfare and the happiness of the minor child, and entered its order finding that the child was a dependent child and awarding temporary custody to the grandmother for a period of three months, pending rehearing.
Appealing for that order, the appellant [natural mother] controverts sufficiency of the evidence to establish that the child was a dependent within the purview of § 39.01(10), Florida Statutes, F.S.A.
We agree that the record fails to disclose such substantial, competent evidence to demonstrate the dependency of the minor child within the definition of the dependent child statute. Accordingly, the order of the juvenile court is reversed and the court directed to enter an order that the maternal grandmother forthwith relinquish custody of the minor child to the natural mother, without prejudice to the appellee-grand-mother to have the cause set down for further hearing where the parties may offer testimony and be fully heard.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re The Interest of A. Z. v. State, 383 So. 2d 934 (Fla. 5th DCA 1980)…§ 9, Fla. Const. See In the Interest of Baby Boy S, 349 So. 2d 774 (Fla. 2d DCA 1977); Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1922); May v. Anderson, 345 U.S. 528, 73 S.Ct. 840, 97 L.Ed. 1221 (1953); In the Interest of C. P., 193 So. 2d 33 (Fla. 3d DCA 1966); In the Interest of C. M. M., 364 So. 2d 788 (Fla. 1st DCA 1978); Hill v. Sadler, 186 So. 2d 52 (Fla. 2d DCA 1966); In Re Brown, 246 So. 2d 166 (Fla. 3d DCA 1971). . Some procedural safeguards set out in chapter 39, Florida Statu…