Attorney at Law
Termination of parental rights permanently ends the legal relationship between a parent and a child. In Florida, courts only grant termination in serious situations where parents cannot provide safe and stable environments for their children. Termination can happen voluntarily if a parent signs a written surrender or involuntarily if the court finds legal grounds. Once a parent’s rights are terminated, the parent loses all legal rights and responsibilities for the child. The child may then be adopted or placed in another permanent living arrangement.
Florida law requires clear and convincing evidence before terminating parental rights. The court considers the best interests of the child before making decisions in these cases.
Grounds for Termination
Under Florida law, the courts may terminate parental rights if a parent abandons, abuses, or neglects a child. Incarceration is grounds for termination if it prevents a parent from caring for their child. A parent’s rights can be terminated if they fail to comply with a case plan designed to reunify them with the child. The courts may also terminate rights if a parent has a history of chronic drug or alcohol abuse and refuses treatment. Other grounds include extreme harm to the child or prior termination of rights to another child. If the court finds clear and convincing evidence of any of these grounds, it may permanently sever the parent-child relationship.
The Legal Process
The termination process begins when someone files a petition in court showing legal grounds for termination. The court then schedules an advisory hearing, where parents learn about their rights and the allegations against them. If a parent does not appear, the court may treat their absence as consent to termination.
After the advisory hearing, the case moves to an adjudicatory hearing. At this stage, the court reviews evidence and hears testimony. The petitioner must prove their case with clear and convincing evidence. If the court finds sufficient grounds, it issues an order terminating parental rights. If not, it may dismiss the case or order another legal arrangement, such as a case plan.
The Rights of Parents in Termination Proceedings
Parents have the right to legal representation at all stages of termination proceedings. If a parent cannot afford a lawyer, the court must appoint one. The court must inform parents of this right at every stage of the case. A lawyer can help parents in termination proceedings understand the allegations against them, prepare defense strategies, and present evidence in court.
The courts also appoint guardians ad litem to represent children’s best interests in termination cases. These guardians investigate the case, interview the child, and provide recommendations to the court. Parents can challenge the guardian’s findings and present their own evidence.
Post-Termination Proceedings
If the court terminates parental rights, additional steps are necessary to decide the child’s future. The goal is to provide a stable, permanent home for the child. Florida law requires regular hearings to review the child’s adoption progress or permanent placement every six months following the termination of parental rights.
Appealing a Termination Decision
Parents have the right to appeal if they disagree with the court’s decision to terminate their rights. If parents choose to appeal, appeals courts will look carefully at the evidence and testimony presented during the trial to check for mistakes. During this time, the child remains in an approved placement while awaiting the final appellate decision.
Reinstatement of Parental Rights
In specific cases, parents or children may ask the court to reinstate parental rights after termination. Reinstatement is only allowed if the child is at least 13, parental rights have been terminated for at least three years, and the child is not currently in an adoptive placement. The court also requires proof that the parent corrected the issues that caused termination for reinstatement. If the court finds enough evidence to support reinstatement, supervised visits and trial homestays are required before the full restoration of parental rights.
How a Family Law Attorney Can Help
If you face a termination of parental rights case in Florida, you should know you do not have to handle it alone. The team at Tupper Law, P.A. can help you understand your options and protect your rights. Contact us today to get started with your initial consultation.