When Can the Florida Courts Involuntarily Revoke My Parental Rights?

In Florida, there is a presumption under the law that joint custody is preferable to sole custody, and 50/50 timesharing of the children is preferable to other arrangements. There are two types of custody: Physical and legal. Physical custody refers to where the child lives. Legal custody refers to the power to make key decisions related to medical care, education, and religious upbringing on the child’s behalf.

In most cases, the legal mother and legal father are the child’s biological mother and her husband. In other cases, the child is born out of wedlock, and paternity must be established with the court. In terms of adoption, the court transfers parental rights from the biological parents to the adoptive parents.

Once you’re considered the legal parent of the child, it is very difficult to lose your parental rights. The courts believe that it is almost always in the child’s best interests to reside with their parents. Having a criminal record or a mental illness diagnosis does not, by itself, constitute a reason to revoke custody. The involuntary termination of parental rights only occurs when it is impossible for the parent to adequately care for the child or when the parent has placed the child in serious danger.

What are the bases for involuntary termination of parental rights in Florida?

There are a few circumstances where the courts will revoke custody from a parent. They are listed as follows:

• Long prison sentences – Going to prison doesn’t automatically mean you will lose custody of your child. However, if your prison sentence is so long that the child will have turned 18 by the time you’re done serving, the courts can terminate your parental rights over the child.

• Breaching the case plan – When a parent repeatedly fails to meet the requirements of a case plan set by the Department of Children and Families, the parent may lose their parental rights over their child.

• Abuse – Physical and sexual abuse are common reasons why a parent will have their parental rights revoked. Depending on the severity of the abuse, only one incident may be enough to revoke parental rights.

• Failing to comply with substance abuse treatment – If a woman gives birth to a child who has drugs or alcohol in their system, the court will require the mother to undergo addiction treatment. If the mother fails to comply with the treatment, she can lose her parental rights. If the mother gives birth to a second child who tests positive for drugs or alcohol, the mother would automatically lose her rights to both children.

• Violent sex crimes – A parent who is convicted of a crime that requires them to register as a sexual predator, the parent will lose their parental rights. Under Florida law, not every sex offender is considered a sexual predator. Florida also requires citizens to register as sex offenders for non-violent crimes such as failing to notify a partner that they are HIV-positive. Sexual predators are those who have been convicted of violent sex crimes or the sexual abuse of minors.

Talk to a Tampa, FL, Family Law Attorney Today 

Westchase Law, P.A., represents the interests of Florida parents in child custody matters. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.