Duncan v. Department of Health & Rehabilitative Services

This is an appeal from a final order awarding the primary physical residence of a minor child to the mother in a dispute between the unwed father and mother regarding custody. The appellant claims that the trial court erred in requiring the father to meet a higher burden of proof than what is required. The pro se mother on appeal states that the father failed to prove she was unfit. I would hold that the court used the wrong burden of proof. I would also recede from this court’s prior decision in Allen v. Childress, 448 So.2d 1220 (Fla. 4th DCA 1984), and I would reverse and remand for…