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What To Consider in a Florida Termination of Parental Rights Case
In Florida, the termination of parental rights is a legal process that permanently ends the legal relationship between a parent and their child. It is a serious and often difficult decision, and it requires careful consideration of the best interests of the child. One of the most common grounds for a termination of parental rights is an allegation of child abandonment. In this article, The Wheeler Firm, an experienced family attorney’s office, will provide an overview of abandonment as a basis for the termination of parental rights in Florida.
Legal Grounds for a Finding of Abandonment
Under Florida law, § 63.089, there are several legal factors the trial court must consider when deciding whether to terminate the parental rights of a child’s parents on the grounds of abandonment, including:
- Whether the actions alleged to constitute abandonment demonstrate a willful disregard for the safety or welfare of the child or the unborn child.
- Whether the person alleged to have abandoned the child, while being able, failed to provide financial support.
- Whether the person alleged to have abandoned the child, while being able, failed to pay for medical treatment.
- Whether the amount of support provided or medical expenses paid was appropriate, taking into consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child.
Not one of these factors will control the outcome of the case but, rather, they all must be considered together.
Procedures for Termination of Parental Rights
In Florida, the process for terminating parental rights begins with the filing of a petition by a party seeking the termination. This can be a child’s legal guardian, a relative, or the Florida Department of Children and Families. The petition must allege one or more of the legal grounds for termination and must include specific facts to support the allegations.
Once the petition is filed, the court will hold a hearing to determine whether the allegations in the petition are true. The petitioner must prove the allegations through testimony and evidence. The parent whose rights are being terminated has the right to notice of the petition being filed, and to contest the allegations through their own testimony and evidence. If the court finds that the allegations are true, it may terminate the parent’s rights to the child. Otherwise, the petition will be denied.
If the termination of parental rights petition is granted, the parents will no longer have any legal rights or responsibilities with respect to the child, including the right to visitation or the obligation to provide financial support.
Contact our Florida Family Law Attorney
The termination of parental rights is a serious and complex legal process that requires careful consideration of the best interests of the child. If you are considering filing a petition for termination of parental rights, or if someone is seeking to terminate your rights as a parent, it is important to consult with an experienced family law attorney who can guide you through the process and protect your rights. The Wheeler Firm can assist you in understanding and protecting your rights. Contact us today to get started.
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Led by experienced family law attorney, Andrew D. Wheeler, The Wheeler Firm is committed to the protection and security of every client. We work to ease the stress of family law litigation, protect our client’s interests, and focus on proven results. With more than 15 years of experience litigating every form of family law case, and representing thousands of individuals and their families, we promise exceptional representation and advocacy. Call us at (850) 613-6923 for a consultation.
