How to Terminate Parental Rights

Terminating parental rights is one of the most serious actions a court can take. Permanently ending the legal relationship between a parent and child means the parent no longer has custody, visitation, or any other rights or obligations to the child.

Due to the seriousness of this step, Florida law imposes strict requirements for when and how parental rights can be terminated. Learning about how the process works can help you know what to expect if you are involved in such a case yourself.

Legal Grounds for Terminating Parental Rights in Florida

Florida law, as you might expect, does not allow parental rights to be ended without a valid reason. Under Florida Statutes Chapter 39, there are specific grounds the court will consider.

These may include:

• Abandonment of the child with no effort to maintain contact or provide support
• Abuse or other behavior that places the child in danger
• Long-term drug or alcohol abuse that prevents the parent from caring for the child
• Incarceration for a lengthy sentence
• Failure to comply with a case plan ordered by the court in dependency proceedings

In rare cases, a parent may voluntarily agree to give up their rights, such as when another person is adopting the child.

The Process of Terminating Parental Rights

The process begins when someone files a petition in court. This may be done by the other parent, a guardian, or the Florida Department of Children and Families. The petition must explain the reasons for termination and provide evidence.

Once filed, the court will schedule hearings to review the case. The parent facing termination has the right to be notified and to respond. The court will hear evidence from both sides before making a decision.

Family courts apply a relatively high standard of proof called “clear and convincing evidence” to these matters, considering what’s at stake.

What Do Courts Consider When Hearing a Parental Rights Case?

The central question in any termination case is whether ending parental rights serves the best interests of the child.

Generally speaking, the court may look at things like:

• The parent’s ability to provide a safe and stable home
• The emotional and physical well-being of the child
• The likelihood of adoption or placement in a permanent home
• Whether the parent has shown consistent effort to care for the child

The court does not take this kind of decision lightly. Judges are generally cautious about permanently cutting off parental ties unless there is strong evidence that it is necessary.

What Should I Do if I’m Involved in a Termination of Parental Rights Case in Florida?

If you are part of a case involving the termination of parental rights in Florida, it is important to understand the seriousness of the situation. Regardless of whether you are the parent facing termination or the person seeking it, you should take certain steps to protect your interests.

Keep the following in mind:

• Gather evidence that supports your position, such as records of care or neglect
• Follow any court orders or case plans carefully
• Seek legal advice as soon as possible to understand your options

At the least, it’s almost certainly worth your time to reach out to an attorney to schedule a free consultation in these circumstances.

Contact McMichen, Cinami & Demps if You Need Legal Help With a Case Involving Parental Rights

Terminating parental rights in Florida is not a step family courts take lightly, as doing so requires clear proof that a parent cannot or will not provide proper care and that ending the relationship is best for the child. Fortunately, an experienced family lawyer can ensure your interests are fully represented throughout the process and help you achieve as favorable an outcome as possible.

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803