This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
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Florida expects parents to ensure children receive food, clothing, shelter, medical care, and appropriate education. If parents demonstrate that they cannot provide for a child or if there is evidence that they are harming the child, the state can terminate their parental rights.
(1) All proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original petition by the department, the guardian ad litem, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.
If the trial court enters an order adjudicating a child dependent or a final judgment terminating parental rights and the parent wants to appeal that order or final judgment, the parent should tell the court-appointed attorney that he or she wants to appeal.
In either case, the individual or entity seeking the termination of a parent's rights must file a petition with the court that sets forth the reasons why parental rights should be terminated. Parental rights can be terminated by the parent executing a specific document in front of witnesses and a notary.
Abandonment: The official charge for abandoning a child in Florida is ?unlawful desertion of a child,? which occurs when a caregiver deserts a child under circumstances in which he or she knew (or should have known) that the desertion exposes the child to an unreasonable risk of harm.
However, in certain cases, parental rights can be terminated by a court. This can occur in situations such as written surrender, abandonment, threats to the well-being of the child, incarceration of the parent, and egregious conduct.
Section 39.806 - Grounds for termination of parental rights (1) Grounds for the termination of parental rights may be established under any of the following circumstances: (a) When the parent or parents have voluntarily executed a written surrender of the child and consented to the entry of an order giving custody of ...