When Can The Florida Courts Terminate The Rights Of A Parent Over Their Child?

Terminating the parents’ parental rights over a child is not a decision that the Florida courts take lightly. It goes without saying that the Florida courts default on giving parental rights to the child’s biological parents. In legal terms, custody is defined as physical residence with the parents and the decision-making power to make decisions on behalf of the child. This decision-making power includes considerations such as the child’s education, medical care, and religious upbringing. Usually, it’s the biological mother and father who have this decision-making power over the child. However, if a mother is unmarried, the father can become the legal father by filing a Voluntary Acknowledgment of Paternity. When it comes to adoption, the court can transfer parental rights from the biological parents to the adoptive parents.

Once the court considers a parent to be the legal parent of a child, it is difficult for them to lose their parental rights. The court assumes that it is always in the best interest of the children to have both parents take an active role in their lives. Even if a parent has a criminal record, a mental health diagnosis, or a current addiction, it is not enough for the court to revoke a parent’s right to rear their children. The involuntary termination of parental rights only occurs when the court rules that it is impossible for the parent to provide adequate care for the child or when the parent has placed a child in extreme danger.

What are the legal bases for terminating parental rights in Florida? 

To terminate a parent’s parental rights, the courts must determine that the parent is unfit to raise their children. Below is a list of instances where the courts may terminate a parent’s parental rights.

• A long prison sentence – a short prison sentence will generally not cost a parent their parental rights. The prison sentence must be so long that the child will turn 18 by the time the parent is released. In that case, the court can terminate the parent’s rights over the child.

• Breach of case plan – a parent can lose their parental rights if they repeatedly fail to meet the requirements of a case plan set by the Department of Children and Families.

• Abuse of the child – proof of abuse is grounds to terminate a parent’s parental rights. If the abuse is serious enough, including sexual abuse, the courts will only need to see one instance of abuse to remove the child from the home.

• Failing to comply with substance abuse treatment – if a child shows signs that there is alcohol or illegal drugs in their system when they’re born, the court can require the mother to undergo addiction treatment. If the mother fails to comply with the court order, she can lose her parental rights to the child.

• Violent sex crimes – if a parent commits any crime that requires them to register as a sex offender, they can lose their parental rights over the child.

Contact an Orlando, FL child custody attorney today 

Greater Orlando Family Law represents the interests of parents in child custody matters. Call our Orlando family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.