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Malkin v. Pla

Florida Court of Appeals, Third District
Jul 6, 2022
346 So. 3d 1230 (Fla. Dist. Ct. App. 2022)

Opinion

No. 3D22-794

07-06-2022

Mark MALKIN and Steven M. Wise, etc., Appellants, v. Fabiana Correa PLA, Appellee.

Schwartz Sladkus Reich Greenberg Atlas LLP, and Randall Burks (Boca Raton), for appellants. Lisa A. Baird, P.A., and Lisa A. Baird, for appellee.


Schwartz Sladkus Reich Greenberg Atlas LLP, and Randall Burks (Boca Raton), for appellants.

Lisa A. Baird, P.A., and Lisa A. Baird, for appellee.

Before LOGUE, HENDON and GORDO, JJ.

PER CURIAM.

Affirmed. See Murphy v. Markham-Crawford, 665 So. 2d 1093, 1094 (Fla. 1st DCA 1995) ("[I]n a custody dispute between a natural parent and a third party (including grandparents), custody can be denied to the parent only when supported by clear and convincing evidence establishing that the parent has abandoned the child or is in some other meaningful sense an unfit parent, or that placing the child with the parent will be detrimental to the child's welfare."); Russell v. Pasik, 178 So. 3d 55, 59 (Fla. 2d DCA 2015) ("[T]hose who claim parentage on some basis other than biology or legal status do not have the same rights, including the right to visitation, as the biological or legal parents."); Lane-hepburn v. Hepburn, 290 So. 3d 589, 590 (Fla. 2d DCA 2020) (noting section 61.13, Florida Statutes, applies only to parents’ rights and " ‘does not extend to nonparents.’ " (quoting Russell, 178 So. 3d at 59.)); LiFleur v. Webster, 138 So. 3d 570, 574 (Fla. 3d DCA 2014) ("[A] trial court cannot engage in a ‘best interests of the child’ analysis unless and until there is sufficient proof to establish parental unfitness or substantial threat of significant and demonstrable harm to the child.").


Summaries of

Malkin v. Pla

Florida Court of Appeals, Third District
Jul 6, 2022
346 So. 3d 1230 (Fla. Dist. Ct. App. 2022)
Case details for

Malkin v. Pla

Case Details

Full title:Mark Malkin and Steven M. Wise, etc., Appellants, v. Fabiana Correa Pla…

Court:Florida Court of Appeals, Third District

Date published: Jul 6, 2022

Citations

346 So. 3d 1230 (Fla. Dist. Ct. App. 2022)