Parents' Rights & Custody Issues in Florida
The bond between parents and children is an essential component to ensuring that children mature into emotionally, mentally and physically healthy young adults. In the state of Florida, when spouses with children are undergoing a divorce, the court will always rule in the best favor of the child when it comes to custody matters. In fact, one of the primary elements to determining reaching a parenting plan, the new legal term for “visitation plan,” is whether a given parent will foster a close, ongoing relationship with the other parent.
While a number of other factors, including economic status, moral foundation and the child's preference, may also play a role in shaping the outcome of the finalized parenting (or time sharing) plan, each parent will have a fundamental right to regularly spend time with their child, as long as they haven't done anything to revoke their parental rights.
If you are getting ready to go through a divorce in Florida and you and your spouse have children, the highly skilled Florida divorce attorneys at Troum & Wallsh encourage you to speak with us about your legal rights and options. We have more than 20 years of experience and are committed to ensuring the best possible outcome for you and your child(ren).
Florida Parental Rights Revoked
Parental rights in the state of Florida may be terminated if it can be proven that one parent has:
- Abandoned the child
- Exhibited extreme parental disinterest
- Committed an abusive or neglectful act
- Been sentenced to prison or convicted of a felony (particularly if the felony is assault, murder or manslaughter of a child sibling)
- Lost their parental rights with another child
- Committed an act of sexual abuse
Factors that do NOT serve as ground for the termination of parental rights include:
- Incapacity due to drug or alcohol use
- Failure to make contact with a child
- Failure to pay child support
- Failure to establish paternity
- Mental illness or deficiency
Florida Parental Rights Law
Formally referred to as the “Parental Rights Amendment,” the parental rights law was a Constitutional amendment proposed by a group of Republican senators in 2009. The elements of this proposed statute include:
- Section 1: The fundamental right of parents to oversee the upbringing and education of their children.
- Section 2: The Federal and state governments are not allowed to infringe of parents' fundamental rights unless the interest is “of the highest order” and “not otherwise served.”
- Section 3: No treaty or international law can overturn the parental rights laid out by this amendment.
Although this amendment has yet to pass, it has gained ardent support from those backing home schooling, as well as various religious lobbies.
For more information about your family law struggle, contact lawyers specializing in parent's rights and custody issues in Florida today.
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