V.C.B. and E.G.B. v. Sultan Shakir
145 So. 3d 967
Fla. Dist. Ct. App.2014Background
- Child born Aug 2002; mother died in Mar 2010; maternal grandparents filed to terminate father's rights and adopt in Aug 2010 under Chapter 63.
- Trial court found by clear and convincing evidence that the father abandoned the child financially and emotionally, had no contact for four years, provided no financial support for five years, and was unfit.
- The trial court nevertheless denied termination, concluding (based on Beagle and §63.089(4)(a)(1)) that termination requires a finding that the father willfully disregarded the child’s safety.
- Grandparents appealed, arguing the court misread §63.089 and improperly narrowed the statutory definition of abandonment.
- The appellate court reviewed statutory interpretation de novo and examined §63.032 (definition of “abandoned”) and §63.089(4) (factors to consider).
- Appellate court concluded the trial court conflated a statutory list of factors with the statutory definition; abandonment need not be limited to willful disregard for safety when §63.032 standards are met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination under §63.089(4) requires proof of willful disregard for safety | Grandparents: §63.089(4)(a) lists factors to consider; statutory definition in §63.032 governs, so willful-disregard is not a required element | Father: (as adopted by trial court) Beagle and §63.089(4)(a)(1) require a showing of willful disregard/harm before terminating parental rights | Court: Reversed trial court — willful disregard is a factor to consider, not a required element; abandonment is governed by §63.032 and may be established without that specific finding |
| Whether the trial court’s factual findings supported termination | Grandparents: Trial court made ample clear-and-convincing findings of abandonment and unfitness (no contact, no support, substantial income) | Father: Arguably no willful-disregard finding so termination improper | Court: Findings were sufficient; remanded with instruction to enter termination and proceed to adoption |
Key Cases Cited
- Beagle v. Beagle, 678 So. 2d 1271 (Fla. 4th DCA 1996) (held statute granting grandparent visitation unconstitutional absent showing of harm to child)
- J.S. v. S.A., 912 So. 2d 650 (Fla. 4th DCA 2005) (stability and passage of time are relevant to child’s best interests)
- Padgett v. Dep’t of Health & Rehabilitative Servs., 577 So. 2d 565 (Fla. 1991) (state may terminate parental rights to prevent substantial risk of significant harm)
- Brown v. City of Vero Beach, 64 So. 3d 172 (Fla. 4th DCA 2011) (statutory interpretation reviewed de novo)