In short: In D.R. v. Heidrich (Fla. 5th DCA 2020), after the children’s father died and their mother was arrested, an unrelated acquaintance petitioned to be their guardian. The mother consented to her sisters instead. The court held that absent demonstrable harm, a court may not override a parent’s choice of guardians in favor of a non-relative under a general best-interests test.
Guardianship of minors usually comes up when tragedy strikes. This case set an important limit on the court’s discretion.
The Facts
In January 2019, the children’s father died in the family home, and their mother was arrested and charged with murder. She arranged for her sister and stepfather to care for the children. Eight days after her arrest, an unrelated acquaintance petitioned to become guardian. The mother’s sisters then petitioned to serve as co-guardians, with the mother’s consent. The trial court found all of them fit but appointed the acquaintance, citing continuity and the older child’s preference.
The Decision
The Fifth District reversed (No. 5D19-2431, July 2, 2020). A parent whose rights haven’t been terminated keeps the fundamental right to make decisions about her children’s care. When a parent’s wishes conflict with a non-parent’s petition, the parent can’t be deprived of that right without a showing of demonstrable harm. The trial court found no harm in the mother’s choice, so it should have appointed her sisters rather than applying a general best-interests standard.
The Law
- Chapter 744 governs guardianship of minors, including § 744.312, which gives preference to relatives and to the person designated by the parent.
- The constitutional rule comes from Troxel v. Granville, 530 U.S. 57 (2000), and Florida’s Beagle v. Beagle.
Lessons for Parents
- Name a guardian for your minor children in your will and in a written pre-need designation (§ 744.3045).
- Update it when circumstances change.
- A parent’s stated choice carries great weight, even in a crisis.
Source: D.R. v. Heidrich, No. 5D19-2431 (Fla. 5th DCA July 2, 2020).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Guardianship Over Non-Terminated Parent's Children — Best Interest Test Misapplied?
Go Deeper
- How to Contest a Guardianship in Florida: The Incapacity Hearing, Your Rights, and Restoration
- When a Family Member Is Taking a Parent’s Money in Florida: Power of Attorney, Guardianship, and Exploitation
Frequently Asked Questions
Who decides the guardian for minor children in Florida?
The court appoints, but it gives great weight to the parent’s choice and to relatives under § 744.312.
Can a court ignore a parent's choice of guardian?
Under D.R. v. Heidrich, not without a showing of demonstrable harm when the parent’s rights haven’t been terminated.
How do I name a guardian for my children in Florida?
In your will and in a written pre-need guardian designation.
Does best interests decide guardianship of minors?
It is a factor, but it can’t override a fit parent’s choice absent demonstrable harm.
Talk to a Florida guardianship lawyer
Weidner Law, P.A. handles Florida guardianship and probate litigation from St. Petersburg. Call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
