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  1. #1
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    Nov 2015
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    Thumbs down Can a Parent Terminate Parental Rights Without Stepparent Adoption

    My question involves a child custody case from the State of: FLORIDA
    I know it is against "public policy" to terminate a parents rights withOUT step parent adoption, however, I want to know if anyone has ever tried?

    FACTS:
    Parents were BRIEFLY married, during divorce Mother received sole custody, sole time sharing and father ordered to pay child support.
    Father has NEVER paid or provided support of any kind, no gifts - nothing.
    For the last 11 months, father has seen the child 4 times - at mothers encouragement.
    Father is a felon, in and out of jail, substance abuse issues.
    Father has a 9 year track record of coming and going from his other childrens lives.
    I don't know if this matters but: Mother is financially sufficient, has no state assistance and does not need it. Life insurance, pre-need guardianship, college savings plan, will, etc have all been established.

    I cannot imagine it being in the best interest of my child to call someone 'dad' during the short periods he decides he wants to be... Has anyone attempted to terminate the other parents rights? If so, what was your outcome?

    Of course I will be using an attorney but I am looking for cases you've handled or personal experience.

  2. #2
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    The State is not going to allow you to terminate Dad's rights.

  3. #3
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    I mean no disrespect, but can I ask if you have actual experience with this?
    According to local attorney's I have a chance, albeit not a great one.

  4. #4
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    Quote Quoting FLMom2004
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    I mean no disrespect, but can I ask if you have actual experience with this?
    According to local attorney's I have a chance, albeit not a great one.
    I believe you're going to find that you can't actually do a darned thing about it - and I'm not even touching on the actual requirements versus your set of facts.

    But if you've been told you can do it, knock yourself out.

  5. #5
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    Quote Quoting FLMom2004
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    I mean no disrespect, but can I ask if you have actual experience with this?
    According to local attorney's I have a chance, albeit not a great one.
    Yes, I do.
    You're wasting your time and poking the bear. File those papers, and the court will give him chance after chance to step up and do what's right.

  6. #6
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    Nov 2015
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    Has anyone ever actually tried?
    I found one appeals case where the circuit court terminated the rights of one parent - but that's it, just one. I'm stuck on this "public policy" verse the requirements in the statute... Do people just NEVER try because it's against public policy?

    There are more facts which qualifies the situation to fit in within the legal reasons to terminate rights with multiple reasons that it is in the best interest of the child.
    Single parent and TPR by step parent adoptions happen everyday- if 1 parent is the only acting parent then why should the non-parent get to keep their rights?
    Having a father that sees you when he feels like it and provides zero support is not a parent... Why should you be able to petition the court (IF he even does that), to say you've changed and possibly get set time...
    I'm not even trying to cut him out of the childs life if his rights were terminated, I'd be fine with him becoming "Uncle". I don't care about the money, I do it on my own and have from day 1, it is strictly my child I care about.

    SORRY FOR THE RANT!!

  7. #7
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    You cannot remove Dad because you CHOSE him to be Dad; the State sees it as you being fine with his behavior, since you had the baby the two of you created.

    Unless there is SERIOUS abuse (and I mean SERIOUS), the State will not allow you or allow itself to terminate his rights.

  8. #8
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    Quote Quoting FLMom2004
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    There are more facts which qualifies the situation to fit in within the legal reasons to terminate rights with multiple reasons that it is in the best interest of the child.
    And which facts would these be? These very important facts that you didn't bother to mention at all until now?

    One other thing. He is the parent. You decided that, and the state agreed with your choice. That he doesn't parent to your satisfaction is completely irrelevant.

  9. #9
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    Nov 2015
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    Without drawing this out with explanations, there is NO question that all of the following apply;

    Involuntary termination of rights of another child.
    Abandonment - no relationship with child, zero support, repeated incarceration.
    Incarcerated and a Habitual Felony Offender.
    History of extensive, abusive and chronic substance abuse and refusing (and failing) to complete treatment for 3 years.


    How did the state 'agree' with my choice? He was NOT a drug addict when I chose him and has become a completely different person... Which seems to be a cycle.

  10. #10
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    Default Re: Florida Termination of Parental Rights - Private Petition by Mother

    Quote Quoting FLMom2004
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    Without drawing this out with explanations, there is NO question that all of the following apply;

    Involuntary termination of rights of another child.
    Abandonment - no relationship with child, zero support, repeated incarceration.
    Incarcerated and a Habitual Felony Offender.
    History of extensive, abusive and chronic substance abuse and refusing (and failing) to complete treatment for 3 years.


    How did the state 'agree' with my choice? He was NOT a drug addict when I chose him and has become a completely different person... Which seems to be a cycle.
    I bet you got those from when the STATE decides that a parent's rights need to be terminated. Not a parent deciding that the other parent's rights need to be terminated.

    The State is not going to allow you to do what you want to do. Teach your child coping skills; that's about the only thing that is going to happen. He's allowed to be a crappy parent. The State agrees with your choice of making him Dad and is not going to remove that, no matter how inconvenient you find it to be.

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