How can a father terminate his parental rights

If you’re a parent, you understand that the responsibilities of parenthood are endless. From extracurricular activities to paying for private tutoring, you are expected to be there for your child and provide the things they need to be happy and healthy.

In short, being a parent requires a significant amount of time, effort, and financial resources. However, not all parents are ready to accept the responsibility of having a child. Others may, for various reasons, be unable or unfit to care for a child.

So, what does it legally mean to be a parent? What are your rights and responsibilities? And, is there ever a way to give up your legal rights to your biological child?

Whatever the reason, California law does allow parents to end their relationship with their child in certain circumstances.

What Are Parental Rights?

When a child is born, the biological parents are automatically given certain rights and responsibilities known as parental rights. Parental rights include:

• The right to child custody and visitation
• The right to inheritance
• The right to make important decisions about education, religion, healthcare, and other aspects of the child’s life
• The responsibility to pay child support, and
• The responsibility for the child’s misconduct.

Unless legal action is taken, these parental rights persist until the child turns 18-years-old.

Why Would a Parent Terminate Their Parental Rights?

There are several reasons why a parent would want to terminate their parental rights.

First, the parental rights of the biological parent(s) must be terminated before the child can be adopted by someone else.

Second, a biological parent may choose to give up their rights if the parents don’t have a meaningful or ongoing relationship.

Third, the pregnancy may be unexpected and one parent opts to not be involved in the child’s life.

Also, a parent may wish to terminate their rights if they are married to another person.

Finally, parental rights can be terminated for under state law, as discussed below.

Can I Voluntarily Terminate My Parental Rights in California?

Generally, California courts are reluctant to allow parents to give up their rights unless there is another individual willing to adopt the child.

In certain circumstances, however, a parent can choose to terminate their parental rights. The court can also terminate the parent’s rights if it is in the child’s best interest.

Under California’s Family Code Section 7820, a parent’s rights can be terminated voluntarily or involuntarily in any one of the following situations:

• Abandonment
• Neglect or cruelty
• The parent was convicted of a felony
• The parent is mentally disabled
• The parent is disabled due to moral depravity or substance abuse, and
• The parent is mentally ill or developmentally disabled.

Parents aren’t the only ones that can file actions to terminate rights; grandparents, step-parents, an adult sibling of the child. In fact, any adult who has taken over the care and custody of the child may pursue legal action.

What Happens After Parental Rights Are Terminated?

Once a parent’s rights are terminated, they no longer have the right to see or speak to the child or take part in decisions that impact the child’s life. Likewise, they can’t be liable for the child’s actions.

If the biological parent dies without a will, the child will no longer be able to inherit their estate. The obligation to pay child support also ends. But, the parent will likely still be responsible for paying past child support.

What Is the Difference Between Terminating Parental Rights and Emancipation?

You may have heard stories about celebrity child actors becoming emancipated. Modern Family’s Ariel Winter, Drew Barrymore, Alicia Silverstone, Michelle Williams, Gossip Girl’s Taylor Momsen, and Macaulay Culkin are just a few examples of famous emancipated minors.

The difference between the termination of parental rights and the emancipation of a child is that, in the latter, the child is making the choice to sever ties with their parents. It can be thought of as the opposite of parental termination. Though they are different, the end result of both legal processes is the same.

There are several reasons for emancipation, including parental substance abuse, mismanagement of money, and to avoid child labor laws.

Do I Need an Attorney to Terminate My Parental Rights?

The termination of parental rights is very serious and, once your parental rights have been terminated, the decision is final.

If you are considering ending your parental rights or are in danger of having your rights taken away from you by the courts, it’s important to act immediately to protect your best interests.

When an individual becomes a parent, the birth of their child automatically triggers certain rights and responsibilities under state law. Known collectively as parental rights, the parents have rights such as the right to be a part of their child’s life and make important decisions about their care.

As a parent, this also means having certain responsibilities. This can include keeping the child fed, clothed, safe, healthy, and protected from harm. Even if you get divorced, you still have certain rights and financial obligations to your children.

In Florida, there are two ways to terminate your parental rights: either voluntarily or involuntarily.

Voluntarily Terminating Parental Rights in Florida

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.

For instance, parental rights won’t be terminated by the court just so the parent can avoid the responsibility of having a child or to circumvent their obligation to pay child support.

Involuntary Termination of Parental Rights in Florida

It is unlikely that the state will allow a parent to surrender their parental rights voluntarily. However, there are instances when the court will do so on the child’s behalf.

Under Florida Stat. Section 39.806, the court has the power to terminate the parental rights of one or both parents. This can happen if:

There’s a Voluntary Written Surrender. A court can terminate rights if a voluntary written surrender is executed. The surrender must give the child to the department for adoption. The department must be willing to accept custody of the child.

The Child’s Life is Endangered. Rights can be terminated if the parent or parents engaged in conduct towards their own child or another child that shows that their continuing involvement in the child’s life threatens the child’s life, safety, and well-being, or the physical, mental or emotional health of the child.

A Parent is Incarcerated: Courts can step in if one parent is incarcerated and:

• • The parent will be incarcerated for a significant period before the child turns 18-years-old;
  • The parent has been determined by the court to be a violent career criminal, a habitual felony offender, a sexual predator, convicted of first or second-degree murder or a sexual battery that constitutes a capital, life, or   felony, or convicted of a similar crime in another jurisdiction; OR
  • The court determines that continuing the parental relationship with the incarcerated parent would be harmful to the child.

There’s Evidence of Neglect: Rights can be terminated if a court has found the child to be dependent and a case plan has been filed, but the child continues to be abused, neglected, or abandoned.

The Child is Subjected to Sexual Abuse. A court can strip parental rights if the parent or parents have subjected the child or another child to aggravated child abuse, sexual battery or sexual abuse, or chronic abuse.

The Parent Has Harmed Another Child. If one the parents has either committed the murder, manslaughter, aiding or abetting the murder, or conspiracy or solicitation to murder the other parent or another child, or committed a felony battery that resulted in serious bodily injury to their child or to another child, a court can terminate parental rights.

The Parents Have Given Up Rights to a Sibling. If a parent’s rights to a sibling have been revoked involuntarily, it can also revoke rights pertaining to other children.

The Parents Abuse Drugs or Alcohol. A judge may terminate parental rights if one or both parents have a history of extensive, abusive, and chronic use of alcohol or a controlled substance. This dependence must render them incapable of caring for the child. The parent must have failed to complete treatment for their addiction during the 3-year period immediately before the filing of the petition for termination of parental rights.

The Child Tested Positive For Drugs or Alcohol at Birth. A parent’s right can be terminated if a child tested positive at birth for alcohol or a controlled substance. However, the biological mother must have had at least one other child found by the court to be dependent after suffering harm to their health or welfare by exposure to alcohol or a controlled substance. The mother must have had the opportunity to participate in substance abuse treatment.

The Child Has Been Repeatedly Placed in Out of Home Care. A parent may lose parental rights if, on at least three or more occasions, one or both parents caused conditions that resulted in the child or another child being placed in out-of-home care.

The Child Is a Result of Sexual Battery or Rape. A parent’s rights may be stripped if a court determines by clear and convincing evidence that the child was conceived as a result of an act of sexual battery.

The Child’s Parent is a Recognized Sexual Predator. A court may terminate a parent’s right if that parent is convicted of an offense that requires the parent to register as a sexual predator.

Even if these circumstances do exist, the court has discretion in deciding if a parent’s rights should be terminated.

A Lawyer Can Help You Understand Your Rights and Options

Maybe you’re a parent who would like to willingly give up your parental rights. Or, perhaps your rights are being threatened by the court system. Whatever the case, it’s important to understand the process and realize what’s at stake. An experienced Orlando family law attorney can help you navigate the process and protect your rights.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

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