Divorce and paternity proceedings can be very stressful, for both parents and/or spouses, as well as for the children. In today's blog we are going to be answering a question that many of my clients have: is it possible to withdraw parental authority from one of the parents.
In the State of Florida, it is presumed that parental authority and custody of minors is shared between both parents. The rationale behind this reasoning is that minors can benefit from maintaining contact with both parents and everything that is done in family cases is in the best interest of the minor.
Parental authority is the set of rights and duties that a father has with respect to his children. This includes decision rights about medical, educational, religious, and legal matters. All this is with the objective, as I mentioned before, of maintaining the best interest of the minor.
But what happens when one of the parents does not have the best interest of the child in mind?
The parent who intends to restrict the rights of parental authority of the other, must file a petition in court, establishing the reasons why it is not in the best interest of the minor, that the parental authority be shared. The burden of proof in this case belongs to the parent seeking to terminate parental authority.
For this, it will be necessary for the parent who intends to terminate parental authority to present evidence of the physical and/or mental health of the other parent, evidence of moral character, and criminal record, evidence of domestic violence, or violence against the minor, evidence of abandonment, or inappropriate care of the minor, complaints to the authorities for crimes against the minor, or the parent who is requesting custody, which could endanger the minor; possibility of creating a safe and adequate living environment for the minor, as well as any other evidence that shows that the minor is not safe under the care of this parent.
Terminating parental rights and custody of minors is an extremely difficult process, which requires a large amount of evidence. If you need help with your family process, do not hesitate to contact us. The first consultation is free, and we can help you. In Y. Morejon Attorney, P.A. your problem is our problem.