Child not ex husband's in Florida, how to remove his parental rights?

Reply Thu 8 Oct, 2009 11:11 am
My third child was born while I was married to my first husband. He was incarcerated at that time and has never lived with me and my last child. I would like to change her name and remove his parental rights as he has threatened to punish me through this child. He has abused his own children and myself during the brief and interrupted years of our marriage due to his many incarcerations 2 of which were prison terms. What can I do as far as the courts are concerned in Florida?

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View best answer, chosen by Js Concern
Always Eleven to him
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Reply Thu 8 Oct, 2009 09:21 pm
@Js Concern,
In my state, a parent can ask the court to terminate another parent's parental rights to a child. I just did a quick Google search, and the same appears to be true in Florida.

The Grounds for Termination of Parental Rights statute in Florida is Florida Statutes 39.806. It lists the reasons why a parent's rights can be terminated. Here's the link.


Another site, http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-florida.html says that:

The department, the guardian ad litem, or any person who has knowledge of the facts alleged or who is informed of those facts and believes that they are true, may petition for the termination of parental rights under any of the following circumstances:

It attributes that to section 39.806, but I don't see that language in that particular statute. That language could be in another statute, and the site combined the two to explain things.

At any rate, I'd suggest that you talk to a Florida family law attorney, your local prosecutor, or your local Department of Children and Families office. Here's a link to the Florida DCF branch office finder.


Be prepared, though, that if you approach the prosecutor or the DCF, you might also initially be placed under the microscope. Your best bet is to contact a family law attorney. The Florida Bar Association's Family Law Section has a website that allows you to search for a family law attorney: http://www.familylawfla.org/

If you can't afford to pay an attorney, you should try a local legal aid office. The Florida Legal Services website has information about legal aid offices in Florida. Legal aid organizations do, however, have some income limits. In my experience, though, legal aid organizations will try to help you find an attorney willing to work with you on payment terms, if you don't meet the financial criteria.


Finally, several of the Florida Law Schools have family-law legal clinics. Among them are:

Florida State University: http://www.law.fsu.edu/academic_programs/jd_program/cac/index.html

Florida Coastal http://www.fcsl.edu/clinic/live-client-clinics

University of Florida http://www.law.ufl.edu/centers/childlaw/faculty.shtml

There may be more, so I've included a link to a list of law schools in Florida. http://www.alllaw.com/state_resources/florida/law_schools/

I hope that this helps you to protect your child. Good luck to you.

Reply Fri 9 Oct, 2009 10:28 am
@Always Eleven to him,

You bring the true meaning to a2k being a knowledge-based site membered by experts. You advanced this lady's cause by leaps and bounds.
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