Ways & How

How to Give Up Parental Rights in Florida

How to Give Up Parental Rights in Florida

Chapter 39 of the Florida Statutes is the basis of the laws on parental rights termination. It strictly emphasizes that the court cannot just terminate the rights of a parent without serious grounds. The petition is usually granted when the child is either bound for adoption or admitted to the stateís child care facility. The following may help on how to give up parental rights in Florida:

  1. Know the statutory grounds for the termination of parental rights. Evidences must be presented to convince the court that the child has been abused by the said parent; that he or she is not known to the child, and the parent already has some convictions for violent crimes and other heinous wrongdoings. These are listed under section 39.811(6) of Florida Statutes. The petition may also be voluntary or involuntary on the part of the parent concerned.

  2. A parent can voluntarily petition for giving up his parental rights by submitting a voluntary surrender affidavit. This will give consent to the court to investigate the case and finally grant the petition should the parent be found with at least one grounds for the termination embodied in the Florida Statutes Section 39.



    811. The documentation must be notarized and signed by at least two witnesses.

  3. Voluntary petitions can be processed by first obtaining the petition forms provided in the courthouse and filling them out as completely as possible. Attach the voluntary surrender sworn statement to the petition and submit it to the juvenile division of the local courthouse. This will formalize your intention to terminate your parental rights for the sake of the child. The petitioner can submit the petition personally. In some cases, the other parent or the upcoming guardian can do it on behalf of the petitioner.

  4. When the petition is served, subpoenas will be issued by the court to both parents or guardian if the child is under care of another person or by an institution. The county sheriff or a private delivery agent usually delivers the court orders. This is not just a mere notice of hearing, but the people concerned are ordered to attend. In their absence they can appoint a lawyer to represent them.

  5. The first hearing will occur after 21 days of filing. This is called an advisory hearing. The court will appoint a legal counsel for the parents and another one for the child when deemed appropriate. Evidences must be concentrated on proving at least one of the many major grounds for parental rights termination to have a successful hearing Ė success in the sense that the petition will be granted and the parentís rights are finally revoked.

  6. 45 days after the advisory hearing comes the adjudicatory hearing. This is when the decision will be announced after submitting and presenting the requirements. There may be follow up hearings in case of incomplete requirements or when the court is not satisfied with whatís being presented. Attendance is advised but representation can be made on behalf of the parents or guardian.

Itís not true that how to give up parental rights in Florida is taken lightly. Everything is facilitated based on the laws of the state. The welfare of the child involved cannot be compromised. The court will decide for the benefit of the minor. The child caring ability of the parent in question will be under close watch during the proceedings. Medical and criminal records can be proofs of the parentís inability to take care of the child.

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