Florida Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights

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US-00877BG
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This form is a petition to declare a child free from a parent's custody and control on the grounds of cruel treatment.
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FAQ

In order to prove the parent or parents have materially breached the case plan, the court must find by clear and convincing evidence that the parent or parents are unlikely or unable to substantially comply with the case plan before time to comply with the case plan expires. § 39.806(1)(e)(2).

In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.

The State of Florida's Stance on Parental Rights This is considered a drastic action, and the courts are hesitant to take such an action, however it can and does occur. Although the state of Florida is generally reluctant to terminate parental rights, this reluctance must be balanced against child abuse and neglect.

In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.

(1) ?Abandoned? or ?abandonment? means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, makes no provision for the child's support and has failed to establish or maintain a substantial and positive relationship with the ...

The process for terminating parental rights begins with filing a petition with the family court. Someone who has physical custody of the child, a close relative, or guardian ad litem may file the petition. The petition must include the reasons why you believe parental rights should be terminated.

Abuse or Neglect ? One of the most common reasons why parents lose custody of their children in Florida is abuse or neglect. Child neglect is the failure of a parent or caregiver to provide for the child's basic needs, such as food, clothing, shelter, or medical attention.

Generally, Florida courts are hesitant to allow a parent to voluntarily terminate their parental rights except for in situations where there is another adult ready to adopt the child. Without a potential adoptive parent, it is unlikely that an individual will be able to terminate their parental rights voluntarily.

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Florida Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights