Legal Opinion

S.M.K. v. S.L.E.

District Court of Appeal of Florida

Decided March 2, 2018No. Case No. 5D17–1751Published

1Opinion of the CourtCohen, C.J.

This case involves a natural parent's constitutional right to raise his own child, even if that determination is not necessarily in the best interest of the child. For the reasons set forth below, we reverse the order terminating S.M.K's ("Father") parental rights, which deemed Father's consent unnecessary for the relative adoption of O.R.K. ("Child"), pursuant to section 63.062(2), Florida Statutes (2016). The trial court found that Father had abandoned Child. During the proceedings, Father's knowledge of Child's whereabouts was a critical issue in the court's determination.

In September…

2Cases cited3 opinions

  1. Hinkle v. LindseyDistrict Court of Appeal of Florida · 1983
  2. M.A.F. v. E.J.S.District Court of Appeal of Florida · 2005
  3. JCJ v. Heart of Adoptions, Inc.District Court of Appeal of Florida · 2008

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