Dubois v. Leon

District Court of Appeal of Florida

Dubois v. Leon

12 So. 3d 280, 2009 Fla. App. LEXIS 6559, 2009 WL 1490829

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 2009

Docket5D08-1474

StatusPublished

Cited by1 cases

This text of 12 So. 3d 280 (Dubois v. Leon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dubois v. Leon, 12 So. 3d 280, 2009 Fla. App. LEXIS 6559, 2009 WL 1490829 (Fla. Ct. App. 2009).

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Opinion

SAWAYA, J.

We reverse the nonfinal order awarding temporary custody of the minor child of David Dubois, the natural father, to the maternal grandparents because it is apparent from the face of the order that the trial court erroneously applied the best interests standard, rather than the applicable clear and convincing standard, when reviewing the evidence. See § 751.05(3), Fla. Stat. (2008) (“If one of the minor child’s parents objects to the granting of temporary custody to the petitioner, the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child’s parent or parents are unfit to provide the care and control of the child. In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in chapter 39.”). Accordingly, we reverse the temporary custody order and remand for reconsideration under the appropriate standard.

REVERSED and REMANDED for further proceedings.

GRIFFIN and EVANDER, JJ., concur.

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SAWAYA, J.

We reverse the nonfinal order awarding temporary custody of the minor child of David Dubois, the natural father, to the maternal grandparents because it is apparent from the face of the order that the trial court erroneously applied the best interests standard, rather than the applicable clear and convincing standard, when reviewing the evidence. See § 751.05(3), Fla. Stat. (2008) (“If one of the minor child’s parents objects to the granting of temporary custody to the petitioner, the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child’s parent or parents are unfit to provide the care and control of the child. In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in chapter 39.”). Accordingly, we reverse the temporary custody order and remand for reconsideration under the appropriate standard.

REVERSED and REMANDED for further proceedings.

GRIFFIN and EVANDER, JJ., concur.

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12 So. 3d 280, 2009 Fla. App. LEXIS 6559, 2009 WL 1490829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dubois-v-leon-fladistctapp-2009.

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