Parental rights are the rights that parents have when it comes to raising that child. Some of these rights include:
• The right to spend time with their child • The right to choose what medical treatment the child will receive • The right to choose what type of schooling the child will receive • The right to choose who can visit the child
When parents divorce one another, these rights remain. But, the specifics of when a specific parent can be with their child, and the range of their responsibilities, differs based on their shared parenting plan.
Sometimes, if a parent makes decisions that negatively affect the child, parental rights can be terminated. When parental rights are terminated, that parent loses the rights outlined above.
When Can Parental Rights Be Terminated?
Parental rights can be terminated in a variety of circumstances.
The first circumstance is a parent conducting a written surrender. By performing a written surrender, they surrender their rights, as a parent. A written surrender is often conducted when a parent chooses to place their child up for adoption.
A parent’s rights can be terminated if they abandon their child. Abandonment, as a legal concept and is often invoked when, say, a parent leaves their child at a friend’s home and then leaves for more than sixty-days without notifying the friend or their child. Circumstances often differ, but the legal definition of abandonment does not.
A parent’s rights can be terminated if they threaten the welfare of their child. Some examples of this include parents who mentally/physically abuse their children or, alternatively, drink and drive while with their children.
A parent’s rights can be terminated if they are incarcerated. This motion is often granted if the offense was especially egregious – sexual abuse, for example – or if the sentence is especially long.
Outside of those circumstances, parental rights can be terminated if:
• The parent has other children with whom their parental rights were terminated. • The parent has committed or allowed egregious conduct, such as neglect or abuse. • The parent has not complied with an adjudicated dependent case plan.
Each one of these situations differs from one another. But, each one involves the same basic premise: the parent creating an unsafe environment for their child.
Can Parental Rights Be Reinstated?
For parental rights to be reinstated, the following conditions must be met:
• The parent was not the verified perpetrator of abuse towards the child. • The parent has not been a verified perpetrator of abuse, neglect, or abandonment since their rights were terminated. • The parent has not had their parental rights terminated for any other child. • The child is at least 13-years old. • The child has not found a permanent residence and is not in pre-adoptive placement
Outside of those conditions, at least 36-months must have passed, before parental rights can be reinstated.
Speak With A Skilled Florida Parenting Plan Lawyer
Without parental rights, a parent cannot spend time with their child. Circumstances of this sort can, and will, erode a parent’s relationship with their child.
To prevent your parental rights from being terminated, speak with a skilled Tampa parenting plan lawyer today. We will assist you in securing your parental rights.