N.M., the Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES (2020)

District Court of Appeal of Florida, Fourth District.

N.M., the Father, Appellant, v. State of Florida, DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 4D20-1477

Decided: October 28, 2020

Andrew A. Holness of the Law Offices of Andrew A. Holness, P.A., West Palm Beach, for appellant. Andrew Feigenbaum, Children's Legal Services, West Palm Beach, for appellee. Thomasina F. Moore, Statewide Director of Appeals, and Samantha C. Valley, Senior Attorney, Statewide Guardian Ad Litem Office, Tallahassee, for Guardian Ad Litem Program.

N.M., the father, appeals an order terminating his parental rights. We find that the father's arguments on appeal for reversal are meritless, and we affirm the termination of his parental rights based on his constructive consent.

However, we remand to the trial court for correction of what the Department of Children and Families concedes is a “scrivener's error.” The order on appeal states that certain facts supporting the termination of parental rights, such as exposure of the child to substance misuse, sexual abuse, and domestic violence, as well as the father's sexual abuse of another child, were “clearly and convincingly demonstrated through testimony.” (Emphasis added.) There being no competent, substantial testimony to support these facts, we remand for the trial court to correct the judgment to reflect that termination was based on constructive consent, not testimony, and to strike any portions of the order indicating the contrary.

Affirmed and remanded with instructions.

Per Curiam.

Damoorgian, Ciklin, JJ., and Frink, Keathan, Associate Judge, concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network