Once you are the legal parent of a child, it is difficult to lose your parental rights. The courts acknowledge that parents are only human, and that it is almost always in a child’s best interest to stay with his or her own parents. For example, having a criminal record or a diagnosis of a mental illness or addiction does not, by itself, mean that the court will reduce or take away your right to spend time with your children or make decisions about them. Involuntary termination of parental rights only happens when it is impossible for the parent to provide adequate care for the child or when the parent has seriously endangered the child.

Bases for Involuntary Termination of Parental Rights

These are some of the cases in which Florida courts can terminate a parent’s parental rights.

• Long prison sentences: Most prison sentences do not cost parents their parental rights. If the parent’s sentence is no long that the child will have turned 18 by the time the parent is released, the court may terminate the parent’s rights.
• Breach of case plan: If the parent has repeatedly failed to meet the requirements of a case plan set by the Department of Children and Families, the parent may lose his or her parental rights.
• Abuse: Physical and sexual abuse of a child can be grounds for termination of parental rights.  Depending on the severity of the abuse, a single incident can be grounds for termination of rights.
• Failure to comply with substance abuse treatment: If a mother gives birth to a child whose bodily fluids test positive for alcohol or illicit drugs, the court will require the mother to undergo addiction treatment. If she fails to comply with treatment, she can lose her parental rights. If she gives birth to a subsequent child, and this second child also tests positive for drugs or alcohol, she will automatically lose her rights to both children.
• Violent sex crimes: If the parent is convicted of a crime that requires the parent to register as a sexual predator, the parent will lose parental rights. According to Florida law, not every sex offender is a sexual predator. Florida also requires people to register as sex offenders for non-violent crimes such as failure to notify a partner of your HIV-positive status, even if you use condoms or take medications to reduce your risk of transmitting the virus, and “Romeo and Juliet” relationships, which are consensual relationships between teens who are close in age, but only one is a legal adult. Sexual predators are people who have been convicted either of violent sex crimes or sexual abuse of minors.

Contact Alan Burton About Parental Rights

It is possible to reinstate your parental rights after they have been terminated, but it is very difficult. Contact Alan R. Burton in Boca Raton, Florida to find out how Florida’s parental rights laws apply to your situation.

Details of the Miranda Wilkerson Case

Trista Crews and Donald Coleman met and began their relationship in 1997, when she was 14 and he was 38. They married when Trista was 16, with Trista’s mother Rita Manning giving consent for her underage daughter to marry. Nonetheless, Coleman eventually had to register as a sex offender because of the age difference in his relationship with Trista. They would go on to have three children together before separating in 2007.

Trista was separated from Donald Coleman at the time of Miranda’s birth, and he filed for divorce at around that time because he doubted that he was Miranda’s biological father. About a month later, Trista died in a car accident, and her mother Rita Manning assumed responsibility for Miranda’s care. After a long custody battle between Manning and Coleman, a judge finally awarded custody of Miranda to Coleman, who was then living in Georgia. Miranda was then three years old, and she had lived with her grandmother almost since birth. Miranda’s biological father has since tried to get custody of her, but currently available news reports offer few details about that aspect of the case.

What About Grandparents’ Rights?

To anyone who has never dealt with Florida’s paternity laws, the outcome of the case is very strange indeed. Why would the court take a child away from her grandmother, the only parental figure she has ever known, and give custody to a man who has never claimed to be her biological father? Does the fact that Coleman is registered as a sex offender for beginning a relationship with a teenager when he was nearly 40 not weaken his case at all? It sounds like a case in which the court gave more weight to the mother’s legal marriage than to anyone’s relationship with the child. In Florida, parenting plans can include clauses about children spending certain amounts of time with grandparents, so one can hope that Miranda has been able to continue to have a close relationship with her grandmother.

Contact Alan Burton About Child Custody Cases

In determining child custody, judges are required to base their decisions on the best interests of the child. Contact Alan R. Burton in Boca Raton, Florida if you think that a family court has put your child or grandchild in a custody situation that is not in his or her best interest.

States laws can vary and some states recognize common law marriages, meaning a couple will have marital rights if they consider themselves to be husband and wife for a certain period of time. Florida law, however, specifically states that any common law marriages that started after January 1, 1968 are void and invalid. In some cases, Florida courts may recognize common law marriages that started in another state if that allows common law marriage, though no couple can enter into one of these marriages within the state and have it be recognized as a legal union.

Property Rights for Unmarried Couples

No matter how long you are together, if you did not get a marriage license and have a legal ceremony, you are not afforded the same rights to equitable division of property under the law as married couples. This can cause disputes for couples who have been together a long time and have comingled their property or have purchased real estate together. Similarly, debts will not be equitably divided either and each partner will generally be held liable for debts in their name.

If you have been partners with someone for a long time and have no plans to get married, you can consider entering into a written contract that can set out how your property and debts should be divided in the event of a break up. You should also plan to include your partner in your will if you want them to inherit your property, as they will not automatically inherit anything under the law without a specific provision in a will.

Parental Rights Without Marriage

With or without marriage, biological parents can still have custody and support rights after a breakup. A mother automatically has parental rights and responsibilities, however, it is important for a father to establish legal paternity so that he can also have full parental rights. An experienced family law attorney can advise on the different ways to legally establish paternity in Florida.

Find Out How an Experienced Boca Raton Family Lawyer Can Help

Legal issues relating to family can arise whether or not a couple is married or unmarried. If you have any concerns or are facing a family law matter, you should not hesitate to consult with an experienced Boca Raton family law attorney who understands Florida laws. The law office of Alan R. Burton offers free consultations with no obligation, so please call today at 954-229-1660 for more information.