G.S.H. v. K.H.

G.S.H., the father, files this appeal from the trial court’s denial of his motion to modify placement of his child, M.H., pursuant to section 39.521(3)(b), Florida Statutes (2003). He argues that the trial court applied the wrong legal standard in denying the motion and that there was insufficient evidence to support that denial. We agree and reverse.

After the mother, K.H., consented, the trial court entered an Order of Adjudication of Dependency which provided that M.H. remain in the physical and legal custody of her maternal grandparents. The father filed his motion to modify custody…