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Can You Do a One Parent Termination of Parental Rights (TPR) in the Orlando, Florida Area?

You can do a one parent Termination of Parental Rights (TPR) in the Orlando, Florida Area under limited circumstances. What are those limited circumstances? Grounds for single-parent terminations, as limited by section 39.811(6), Florida Statutes, include chronic substance abuse and conduct that threatens the life, safety, well-being, or health of the children irrespective of services, but does not include abandonment.

Cases involving the State’s authority to sever permanently a parent child bond demand the close consideration the Court has long required when a family association so undeniably important is at stake. Few consequences of judicial action are so grave as severance of natural family ties. A trial court’s determination to terminate parental rights must be based upon clear and convincing evidence.

How TPR Works in Florida

Florida allows a private party to file and prosecute a petition for termination of parental rights. The grounds for single-parent terminations are limited to those contained within section 49.811(6), Florida Statutes.

A petitioning party must prove at least one of the enumerated statutory grounds for termination of parental rights by clear and convincing evidence. The trial court must then consider whether termination is in the best interest of the child. The petitioning party must prove that the termination is the least restrictive means of protecting the child from serious harm. The least restrictive means is not intended to preserve parental bonds at the cost of a child’s future. Rather, it simply requires that measures short of termination should be utilized if such measures can permit the safe reestablishment of the parent/child bond. 

Trying a Case Plan First

The test focuses specifically on what actions were taken by the State before the filing of a petition to terminate the parental rights. Ordinarily, it is satisfied where the parent was offered a case plan and provided with help and services necessary to complete the case plan. The Florida Supreme Court has further recognized that in extraordinary circumstances, including egregious abuse, termination without a case plan may satisfy constitutional concerns.

There is no statutory obligation to offer an agreement or plan in cases involving chronic substance abuse or conduct threatening the lives, safety, well-being, or health of the children irrespective of services. The failure to do so, however, does not eliminate the petitioner’s burden to prove the termination is the least restrictive means, as the test is based upon fundamental parental rights.

If you have more questions regarding a Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.