Background
The Department of Children and Families petitioned to shelter L.M.C. and P.A.W. after P.A.W. tested positive for several illegal drugs at birth. It later sought to terminate the parental rights of both parents.
Father was incarcerated and had a reunification case plan. At the termination hearing, case managers testified that he completed none of its tasks. Although they gave him cards and envelopes to write the children, he sent nothing. Father testified that he had not spoken with L.M.C. for 15 months and had never met P.A.W.
The Court’s Holding
The First District Court of Appeal affirmed the judgment terminating Father’s parental rights. It held that competent, substantial evidence supported the trial court’s finding, by clear and convincing evidence, that Father abandoned the children under sections 39.806(1)(b) and 39.01(1), Florida Statutes.
The court relied on Father’s lack of contact with L.M.C., his failure ever to meet P.A.W., and his failure to send letters despite being given the means to do so. Those facts supported the finding that Father failed to establish or maintain a substantial and positive relationship with either child. The court affirmed on Father’s abandonment argument and all other issues.
Key Takeaways
- Incarceration may support an abandonment finding, particularly where the parent makes no meaningful effort to communicate with the children.
- A parent’s failure to use available opportunities to maintain contact can constitute competent, substantial evidence of abandonment.
- Termination findings receive highly deferential appellate review when supported by evidence a reasonable factfinder could deem clear and convincing.
Why It Matters
The decision illustrates that incarceration does not excuse a parent’s failure to preserve a relationship with a child when communication remains available. Evidence of prolonged noncontact, no relationship with a child, and unused opportunities to write may sustain termination on abandonment grounds.