Berenyi v. Florida Department of Children and Families
Paternal grandparents who had filed their own petition to adopt a dependent child, participated throughout the post-TPR proceedings as 'Intervenors,' and obtained relief (Skype visitation) were given no notice of the foster parents' adoption petition, which the trial court granted within three hours of its filing after a brief hearing. The Third DCA reversed the final judgment of adoption, holding the grandparents were 'legally interested parties' entitled to notice and an opportunity to be heard.
Key facts
- Paternal grandparents filed their own petition to adopt a dependent child and participated as intervenors throughout post-termination of parental rights proceedings, obtaining Skype visitation relief.
- Foster parents filed an adoption petition without notice to the grandparents; the trial court granted the adoption within three hours of filing after a brief hearing.
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Why it matters
The opinion is a useful citation for litigators facing an argument that a client is a 'non-party' lacking standing because no written intervention order exists: the Third DCA looked to the parties' and court's actual… — full analysis with a trial
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