FAQs About The Termination of Parental Rights In Florida

Nicole Quattrocchi | | Categories: Civil Litigation , Commercial Litigation , Court , Divorce , Family Law & Domestic Relations , General Litigation , lawyer , Litigation , Small claims

Every parent has fundamental rights and responsibilities towards their children, however, the State can take away these rights from either parent in case of some misconduct. Unfortunately, when it comes to termination of parental rights, there are a ton of questions clients have, but they find answers difficult to come by.

To help you understand more about termination, The Quattro Firm, L.L.C. wants to arm you with the most accurate information available. To do so, we've answered some of the most frequently asked questions about the termination of parental rights in Florida.

1. If he/she doesn't want to pay child support, can't we just terminate his/her rights?

Well, it's not so simple. The state of Florida isn't interested in terminating the rights of every "dead beat" parent who doesn't "feel like" paying child support. It's really a case by case evaluation, and the State does not want to be paying benefits to someone who should be and could be receiving child support (which would do away with such benefits). Also, parents shouldn't assume that they can just "terminate" rights and avoid support payments.

2. If I agree that the rights can be terminated, why does it involve the State?

Again, the answer isn't simple. To officially terminate a parent's legal rights to his/her child, an action must be filed with the court. Even if both sides agree to the termination, the judge still has the authority to review the case and determine that the rights cannot be terminated.

3. Once I terminate the other parent's rights, can my spouse adopt my child?

Yes, your spouse can then file to adopt your child, but the final hearing must be more than thirty days after the termination of rights.

4. Do I have to pay a filing fee for a termination?

Generally, the answer is yes. However, if you qualify for an affidavit of indigency, it's possible to get the court fees waived.

5. If my parental rights are terminated, can I still contact my child?

Technically, the answer would be no. You no longer have a legal relationship with the child. However, once the child has gained the age of majority or if the other parent is willing, you may be able to have a personal relationship, but this is up to the child, and any legal parent that he/she have until the child has reached the age of majority and then it is the child's choice.

If you have any more questions about the termination of parental rights, get in touch with The Quattro Firm, L.L.C. As top attorneys in West Palm Beach, Florida, we provide personalized legal services that match your personal and legal needs. We are also experienced and knowledgeable attorneys in multiple areas of the law including family law, divorce law, civil litigation, and estate planning law. These qualities enable us to offer custom legal services to your at competitive rates.

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