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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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Experience:  Experienced in multiple areas of the law.
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what does it mean if you give up all parental rights

Customer Question

what does it mean if you give up all parental rights
Submitted: 3 years ago.
Category: Family Law
Expert:  RobertJDFL replied 3 years ago.

Termination of parental rights is a court order severing the rights, powers, privileges, immunities, duties, and obligations between a parent and child. This termination may be voluntary or involuntary and can sever the rights of one parent without affecting the rights of another. The laws concerning the termination of parental rights in Florida are found in the Florida Statutes chapter 39. Specifically, Florida Statute 39.806 lists non-exclusive grounds for termination of parental rights:

 

- Abandonment or Extreme Parent Disinterest
- Abuse/Neglect
- Incarceration of Parent/Felony Conviction
- Sexual Abuse
- Child Judged in Need of Services/Dependent
- Extreme Alcohol or Drug use by Parent
- Felony assault of child or sibling
- Murder/Manslaughter of sibling child

 

The petition for termination of parental rights may be filed by one of the child’s parents, the guardian ad litem or any other person who has knowledge of the facts alleged against the parent(s) or is informed of them and believes that they are true. It is up to the judge to ultimately determine whether severing parental rights would be in the best interest of the child(ren). Once the judge hands down his or her decision, a parent or guardian may attempt to get their rights back through the standard appellate process -though it is VERY difficult to have parental rights restored.


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Customer: replied 3 years ago.

could u direct me to the proper forms for this actiom

 

Expert:  RobertJDFL replied 3 years ago.
If you click here, and scroll down about halfway you'll see the petition and judgment you can use for a voluntary relinquishment. If you're looking to do a stepparent adoption and need forms to terminate your rights, the forms are here.

Note that outside of stepparent adoption, courts are extremely reluctant to let a parent simply terminate their parental rights, even if they want to. This is because the court wants a child to have two biological parents is possible and does not wish to deprive a child of one parent. As a result, most terminations of parental rights occur when there is an adoption pending or where the Department of Children and Families is seeking to terminate the rights involuntarily.

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