Fort Lauderdale Divorce Lawyer Blog
Florida family law courts handling cases involving minor children aim to rule in the children’s best interest. Unfortunately, in some instances, doing so requires the courts to declare a child dependent due to the parent’s inability to provide them with proper care. The Department of Children and Families must produce proof sufficient to demonstrate dependency by a preponderance of the evidence, however, and if it fails to do so, a child should not be deemed dependent. In a recent Florida ruling, a court addressed what constitutes sufficient evidence of dependency. If you need help protecting your parental rights, it is advisable to confer with a Miami child custody lawyer promptly.
Factual and Procedural Background
It is reported that the Department of Children and Families (DCF) initiated dependency proceedings after the child was born drug-positive and exhibited severe withdrawal symptoms. The child’s mother consented to the dependency adjudication, and the trial court declared the child dependent as to the father after a bench trial. The trial court’s decision was based on two findings: first, that the father had failed to protect the child from the mother’s substance abuse during pregnancy, and second, that the father’s own drug use presented a significant risk of immediate harm or neglect to the child. The father contested these findings, leading to the appeal.
Evidence Supporting a Dependency Adjudication
On appeal, the court focused on the legal sufficiency of the evidence supporting the dependency adjudication. The court emphasized that a final dependency ruling is a mixed question of law and fact, which will be upheld on review if the correct law was applied and if the ruling is supported by competent substantial evidence. Further, the court noted that DCF bore the burden of proving dependency by a preponderance of the evidence, specifically showing that the child had been abused, abandoned, or neglected or was at substantial risk of imminent harm.
In examining the first ground for dependency—that the father failed to protect the child from the mother’s substance abuse—the court found that DCF failed to provide sufficient evidence to prove that the father knew or should have known about the mother’s drug use during pregnancy. The evidence presented, including the father’s denial of knowledge about the mother’s drug use and the lack of contradictory evidence, was deemed legally insufficient to support the trial court’s finding of neglect.
Regarding the second ground—that the father’s own drug use posed a substantial risk of imminent harm to the child—the appellate court determined that while the father admitted to regular marijuana use and had recently tested positive for cocaine and THC, there was no evidence showing that his drug use adversely affected his ability to care for the child or that the child suffered harm as a result.
Additionally, the court emphasized that mere evidence of drug use is insufficient to establish dependency; there must also be proof that the parent’s drug use poses a substantial and imminent risk of harm to the child. The court concluded that the trial court’s findings were not supported by sufficient evidence, and therefore, the dependency adjudication was legally unsustainable. As a result, the appellate court reversed the trial court’s order of dependency as to the father.
Talk to a Skilled Miami Attorney
If you have questions with regard to a child custody dispute, it is smart to talk to a lawyer as soon as possible. The skilled Miami child custody lawyers at the Law Offices of Sandy T. Fox, P.A. can assess your case and aid you in pursuing the best outcome available. You can reach us at 800-596-0579 or by using the online form to arrange a meeting.