Criminal conviction and incarceration can significantly impact a person’s life. Not only does a person lose their freedom, but they may also lose other rights and privileges, including their parental rights. In Florida, there are situations when an incarcerated individual may be at risk of having their parental rights terminated. If that happens, they lose all legal rights, responsibilities, and privileges regarding their child.
Understanding how and when a Florida court can terminate an incarcerated parent’s rights is essential if you or a loved one is dealing with the criminal justice or family law legal systems.
Can an Incarcerated Person Lose Their Parental Rights?
Yes. Incarceration can affect parental rights, depending on the situation. A Florida court can terminate an incarcerated person’s parental rights if the court determines that doing so would be in the child’s best interests. Florida law stipulates that if the court finds clear and convincing evidence that a relationship between the child and an incarcerated individual would be harmful to the child, the court can terminate the parental rights of the incarcerated parent in the best interests of the child.
What Does It Mean to Terminate Parental Rights?
Terminating a parent’s rights is a significant step. Such a termination severs a parent’s legal rights and responsibilities for their child. That means losing physical custody and visitation, losing the ability to be involved in raising the child, and losing the ability to make vital decisions on behalf of the child. Once parental rights are terminated, the individual is no longer considered the child’s legal parent, and all physical, financial, and social obligations end.
Grounds for Terminating the Parental Rights of an Incarcerated Individual in Florida
Does an incarcerated person automatically lose their parental rights in Florida? No. Even people incarcerated for felony offenses may not have their parental rights taken away from them. There must be “clear and convincing” evidence that a continued relationship between the incarcerated parent and the child would be detrimental to the physical or mental health of the child.
There are several grounds for involuntary termination of parental rights that Florida courts consider when evaluating whether a relationship between an incarcerated parent would harm the emotional or physical development of their child. The court reviews whether any of the following circumstances apply to the incarcerated parent:
- The time the parent is incarcerated will make up a significant portion of the child’s life as a minor.
- The incarcerated parent is violent, a career criminal, or a habitual and violent felony offender or sexual predator.
- There is clear and convincing evidence to support that a parental relationship between the incarcerated parent and child would be harmful.
Patterns of disturbing or detrimental behavior, violence, abuse, and the total length of incarceration are vital factors the court can consider when determining whether parental rights should be terminated.
Talk to an Experienced Florida Family Law Attorney
It doesn’t matter which side of the equation you are on. Whether you are an incarcerated parent afraid of losing your parental rights or a custodial parent worried about continued interactions between an incarcerated parent and your child, you need the help only an experienced Florida family law attorney can provide.
At Central Justice, we carefully evaluate your situation and your child’s best interests. Next, we strategize ways to protect your legal rights and your family, working toward the most favorable outcome for your situation. Our team is committed to helping you protect your family and using the legal system to help your child thrive through the love and support of their family and community.
At Central Justice, we want to help you protect what’s precious to you and your family. Contact our Orlando, Florida office today to discuss your unique situation, and let’s work together to find legal solutions that meet your needs.
