Termination of Parental Rights Lawyer in Immokalee Florida
Terminating of parental rights means that the person’s rights as a parent are taken away, which means that the person is no longer the child’s legal parent, meaning that:
-Without the parent’s permission, the child can be adopted.
-The parent will be removed from the child’s birth certificate.
-The parent will no longer have to pay for child support.
-Usually, the parent will not have any legal right to talk or visit the child.
-The relationship between child and parent will no longer exist.
Terminating a parent’s rights is taken very seriously by judges, hence its term of the civil death penalty. However, unless there is a perfect reason, Judges do not terminate a parent’s rights.
Who Can Terminate a Parent’s Rights?
Parents, guardians, or other family members can apply or file for the termination of their parental rights. If the child or applicant receives public assistance (such as TANF or SNAP), the judge is unlikely to terminate parental rights. In this case, the Child Support Office must be notified of a suspension and may oppose its removal if public assistance is provided.
If the CPS has been involved with a family, the Department of Family Services (“DFS”) may ask a judge to terminate parental rights. This usually happens when the DFS tries to get involved with the family for a year or more and try to resolve the issues. If the parents do not progress, or if the problems are severe, the DFS may ask the district attorney to end the parental rights issue.
Can Parent Give Up his/her Rights?
Not usually, unless it is an adoption case. The judges want the two parents to provide financial and emotional support to the child. You cannot waive your parental rights to avoid paying child support, and you cannot waive your parental rights to avoid dealing with a child’s behavioral problems.
Reasons to Terminate a Parent’s Rights?
There are few reasons why a judge may terminate parental rights:
This is the behavior that shows the parent’s intention to give up all rights of the child. In general, this means that the parents have not provided any financial support and have not contacted the child for at least six months without any good reason.
Failure of Parental Adjustment:
If the CPS removes a child from the home, the parents only have time to correct the reasons why the child was removed. If parents do not resolve these issues in a “reasonable time”, the state may request that their rights be revoked.
This means that parents have not adequately cared for the child’s needs, including shelter, food, education, medical care, or any special care needed.
If a child is conceived for sexual abuse and the parents are convicted of sexual abuse, then their rights can be revoked.
Is there a Need for An Attorney?
Eliminating one’s parental rights is a very crucial issue. It is an excellent measure to hire a lawyer who will help you because there are complex procedures and rules to follow. Abogado Guerrero can help you file for termination of parental rights in the District Court of the county. Contact us today for a FREE consultation in Immokalee Florida 239-682-8055.