Family law Tampa

What Happens If Parental Rights Are Terminated By The State?

Florida law says that a child’s birth parents are presumed to be the natural parents, and they have certain rights and responsibilities — unless they opt to waive those rights. There may be limited situations where the courts may step in and terminate a parent’s rights involuntarily. This only happens when a family court judge feels that doing so would be in the best interests of the child. If your parental rights are being threatened, contact a family law group in Tampa, FL right away.

What happens if parental rights are terminated by the state?

Parents who have lost their parental rights do not have any authority in decision-making for the child, nor do they possess any rights to parenting time with the child. There are rare instances where both parents involuntarily lose their parental rights. Their child would then be eligible for adoption by someone else. If you are a parent whose parental rights are being challenged, you can go to court to protest the termination of your rights.

What are the reasons why a parent’s rights could be terminated?

To have a parent’s rights terminated, it must be because he or she was “unfit.”  There are numerous factors that can cause a parent to be deemed unfit. Some of these include:

  • Physical abuse
  • Creation of an unsafe living environment
  • Repeated neglect
  • Abandonment
  • Disability or mental illness
  • Failure to visit or have contact with the child for 12 months
  • Regular substance abuse by the parent
  • Incarceration
  • Exposing children to controlled substances
  • Disinterest in the child’s welfare

If only one parent is deemed unfit, the other parent will likely receive a greater allocation of responsibilities and rights. The other option is to have the child placed in the care of the Florida Department of Children & Families.

It is important to understand that being declared an unfit parent does not automatically equate to the parent losing all of his or her rights. The courts typically give a parent time to change their behavior and improve the situation first. An attorney from a dedicated Tampa FL family law group can help.

In rare situations, the court may look to expedite the process in the event the parent meets one of the following criteria:

  • He or she has a documented history of sexually assaulting or abusing children.
  • He or she has been convicted of attempted murder or murder.
  • He or she has already lost their parental rights in another situation.
  • He or she is incapacitated, and there is only a small chance of recovery.

Can a parent challenge termination of parental rights order?

During the hearing on termination of parental rights, the affected parent can make a claim that the termination is not in the child’s best interests. Some arguments that may be made could include that a relative is caring for the child, there is no one who is able and ready to assume parental rights of the child, there has been no effort by DCF to reunite the parent with the child, or the parent would be more involved in their child’s life if they were not incarcerated.

Contact Our Firm for Help

If you are fighting against the termination of your parental rights, it is important to speak with a knowledgeable and experienced lawyer from a Tampa family law group. Call The McKinney Law Group for legal assistance.

If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].

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