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Florida Statute 39.810 | Lawyer Caselaw & Research
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F.S. 39.810 Case Law from Google Scholar Google Search for Amendments to 39.810

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
F.S. 39.810
39.810 Manifest best interests of the child.—In a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child. This consideration shall not include a comparison between the attributes of the parents and those of any persons providing a present or potential placement for the child. For the purpose of determining the manifest best interests of the child, the court shall consider and evaluate all relevant factors, including, but not limited to:
(1) Any suitable permanent custody arrangement with a relative of the child. However, the availability of a nonadoptive placement with a relative may not receive greater consideration than any other factor weighing on the manifest best interest of the child and may not be considered as a factor weighing against termination of parental rights. If a child has been in a stable or preadoptive placement for not less than 6 months, the availability of a different placement, including a placement with a relative, may not be considered as a ground to deny the termination of parental rights.
(2) The ability and disposition of the parent or parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under state law instead of medical care, and other material needs of the child.
(3) The capacity of the parent or parents to care for the child to the extent that the child’s safety, well-being, and physical, mental, and emotional health will not be endangered upon the child’s return home.
(4) The present mental and physical health needs of the child and such future needs of the child to the extent that such future needs can be ascertained based on the present condition of the child.
(5) The love, affection, and other emotional ties existing between the child and the child’s parent or parents, siblings, and other relatives, and the degree of harm to the child that would arise from the termination of parental rights and duties.
(6) The likelihood of an older child remaining in long-term foster care upon termination of parental rights, due to emotional or behavioral problems or any special needs of the child.
(7) The child’s ability to form a significant relationship with a parental substitute and the likelihood that the child will enter into a more stable and permanent family relationship as a result of permanent termination of parental rights and duties.
(8) The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(9) The depth of the relationship existing between the child and the present custodian.
(10) The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(11) The recommendations for the child provided by the child’s guardian ad litem or legal representative.
History.—s. 31, ch. 94-164; s. 18, ch. 95-228; s. 92, ch. 98-403; s. 26, ch. 2006-86.
Note.—Former s. 39.4612.

F.S. 39.810 on Google Scholar

F.S. 39.810 on Casetext

Amendments to 39.810


Arrestable Offenses / Crimes under Fla. Stat. 39.810
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.810.

Annotations, Discussions, Cases:

Cases Citing Statute 39.810

Total Results: 20

Department of Children and Families and the Statewide Guardian Ad Litem Office v. C.R., Mother of J.C.J., J.D.M., W.C.L.C., W.D.L., and Z.C., Children and W.C., Father of W.C.L.C. and Z.C., Children

Court: District Court of Appeal of Florida | Date Filed: 2024-11-25

Snippet: consider the best interest of the children. See § 39.810, Fla. Stat. (2022); R.W. v. Dep’t of Child. &

Department of Children and Families v. L.W., the Mother

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: court addressed the factors set forth in section 39.810, Florida Statutes (2022). The trial court acknowledged

DEPARTMENT OF CHILDREN & FAMILIES AND GUARDIAN AD LITEM v. L. D.

Court: District Court of Appeal of Florida | Date Filed: 2024-06-26

Snippet: 523–24 (Fla. 5th DCA 2022) (citing §§ 39.806(1), 39.810, Fla. Stat. (2021); Padgett v. Dep’t of HRS, 577

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Court: Supreme Court of Florida | Date Filed: 2024-03-07

Snippet: in the child’s manifest best interests. See § 39.810, Fla. Stat. (2021) (“In a

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Court: Supreme Court of Florida | Date Filed: 2024-03-07

Snippet: in the child’s manifest best interests. See § 39.810, Fla. Stat. (2021) (“In a

J.M. v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2023-11-27

Snippet: sufficiency of that determination. See §§ 39.802(4)(c), 39.810, Fla. Stat. As we stated in the margin at the beginning

HEART OF ADOPTIONS, INC. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-09-08

Snippet: at 373 n.4. However, the court relied on section 39.810, Florida Statutes (2004), which provided that the

S.M.O., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-03-01

Snippet: Manifest Best Interests of the Three Siblings (§ 39.810) Although proof of a nexus between egregious

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2022-12-08

Snippet: to terminate parental rights.” See §§ 39.806(1), 39.810, Fla. Stat. (2021). The Florida Supreme Court

E.A., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-12-08

Snippet: termination is in the child’s best interest. § 39.810, Fla. Stat. (2019). The appellate court’s standard

K.A., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-12-08

Snippet: “manifest best interests of the child” statute, section 39.810, Florida Statutes (2019). Moreover, the Mother’s

A.P., mother of J.F., F.S., M.D. and M.D., Jr., minor children v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2021-09-02

Snippet: considering all the elements listed in section 39.810, Florida Statutes (2019). Yet considering

M.P., THE MOTHER v. DEPARTMENT OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-09-01

Snippet: involved in the children’s care. Pursuant to section 39.810, Florida Statutes (2020), the trial court made

V.S., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-06-09

Snippet: addressed the enumerated factors under section 39.810(1)–(11), Florida Statutes (2020). The court found

S.C., Father of H.L.S., A Minor Child v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2020-09-01

Snippet: using the eleven-factor test required by section 39.810, Florida Statutes (2019). After making these findings

B.N., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2020-04-01

Snippet: best interest of the child. See §§ 39.806, 39.810, Fla. Stat. (2012). Then, to satisfy constitutional

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-09

Snippet: 6. Under the provisions of sections 39.810(1)–(11), Florida Statutes, it is in the manifest

Q.L., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: relevant testimony and factors enumerated in section 39.810, Florida Statutes. The court made findings on all

Y.H.B., THE GRANDMOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-09-11

Snippet: court considered the factors set forth in section 39.810, Florida Statutes, and found by clear and convincing

D.N., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-07-24

Snippet: factors, including those enumerated in section 39.810, Florida Statutes, to determine whether termination