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Termination of Parental Rights in the Orlando, Florida Area

Before a trial court can terminate a parent’s rights to his or her child, there are three elements the Department must prove: First, the Department must prove by clear and convincing evidence that at least one statutory ground in section 39.806(1), Florida Statutes (2021) exists. In hearing a petition for parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted. 

In Florida Statute 39.806, one of the grounds for termination is Abandonment. You can find out about abandonment in Florida Statute 39.01(1). Many stepparent adoptions involve abandonment by the biological father where the stepfather has stepped into the place of the father because the biological father has disappeared. 

Many relative adoptions rely on the termination of parental rights based on abandonment. That is where, being able, the parent has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. Substantial and positive relationship includes, but is not limited to, frequent and regular contact with child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child. 

Second, the Department must show that termination is in the child’s manifest best interest. See Florida Statute 39.810. In hearing on a petition for termination of parental rights, the court shall consider the manifest best interest of the child.

Third, the Department must demonstrate that termination is the least restrictive means of protecting the child from serious harm. Because parental rights constitute a fundamental liberty interest, the state must establish in each case that termination of those rights is the least restrictive means in protecting the child from serious harm. 

The least restrictive means element is a judicially implied requirement that is tied directly to the due process rights that must be afforded to a parent before his or her parental rights are terminated. 

If you have more questions regarding a Marital and Family Law matter, Adoption Matter, or Termination of Parental Rights 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.