District Court of Appeal of Florida

Partial final judgment terminating parental rights of a father incarcerated for sexual battery of a thirteen year old, on the petition of the former wife and mother, is reversed where: 1) a guardian ad litem's testimony that the father's past conduct warranted protection of the two girls was nothing but speculation, and did not rise to the level of evidence which would necessitate termination to protect the girls; 2) a statutory provision regarding the incarceration of a parent did not support termination because the father was to be discharged from prison a mere month after entry of the order on appeal; and regardless, 3) it was not shown that termination was the least restrictive means of protecting the girls from serious harm.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Felicia Shaman of Law Office of Felicia Shaman, P.A., Fort Lauderdale, for appellant.


• For Appellees:
  
• Richard L. Rosenbaum of Law Offices of Richard Rosenbaum, Fort Lauderdale, for appellee.