Blog

Termination of Parental Rights in the Orlando, Florida Area When There is Abandonment of a Child by a Parent

It is the function of the trial court to evaluate and weigh the testimony and evidence based on its observations of the bearing, demeanor, and observation of the witness appearing  in court. Before terminating parental rights, the trial court must find that the Department (DCFS) established by clear and convincing evidence the following: (1) the existence of at least one statutory ground for terminating parental rights set forth in section 39.806(1);(2) termination of parental rights must be in the manifest best interest of the child; and (3) termination is the least restrictive means to protect the child from serious harm.  

Abandonment is a statutory ground for termination of parental rights pursuant to Florida Statute 39.806(1)(b). When examining whether there has been abandonment of a child by a parent, the court will examine whether the parent, while being able, made any contribution to care and maintenance of the child. It will also examine whether the parent maintained a positive relationship with the child. It will further examine how long it has been since the parent has seen the child. It will examine why the parent hasn’t seen the child. It will also examine whether the contact between the parent and child has been sporadic, or whether the parent and child has been meaningful contact. 

The appellate court will examine whether the trial court’s decision was supported by substantial competent evidence. The existence of only one statutory ground is necessary for termination of parental rights. Regarding the least restrictive means requirement, ordinarily a good faith effort should be made to rehabilitate the parent and reunite the family. This is not required in certain extraordinary circumstances because the best interest of the child must ultimately prevail. The least restrictive means test is not intended to preserve the parental bonds at the cost of a child’s future. Reasonable efforts to preserve and reunify the family are not required if a court of competent jurisdiction has determined that any of the events described in paragraphs (1)(b)-(d) or paragraphs (1)(f)-(m) have occurred. You can look up Florida Statute 39.806 (1) to learn more about Termination of Parental Rights and Abandonment.  

If you have more questions regarding a Dependency Law or DCFS matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

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