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T.S. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 5D08-1064.

992 So.2d 299 (2008)

T.S., Father of C.J., a Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fifth District.

September 22, 2008.

Attorney(s) appearing for the Case

Jill S. Barger, St. Augustine, for Appellant.

Annette Pitts, Circuit Managing Attorney, Daytona Beach, for Appellee, Department of Children and Families.

Jeffrey Deen, Altamonte Springs, and Mark A. Skipper, Orlando, Office of the Criminal Conflict and Civil Regional Counsel, for the Mother.

COHEN, J.

T.S., a non-offending parent, challenges the trial court's order denying the Department of Children and Families' motion to grant him temporary custody/placement of the minor child. We treat the appeal as a petition for certiorari and grant relief because the trial court departed from the essential requirements of law by applying the best interest of the child standard under section 39.522(1), Florida Statutes (2007), instead of the standard set forth in...

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