Jacksonville Parental Rights Lawyers
Florida Termination of Parental Rights Due to Incarceration
Being a parent, a good parent, is one of the hardest and most gratifying experiences a human being can have in his or her lifetime. Nothing compares to it in this world. The firm of Farah & Farah know this quite well and we fully appreciate the severity of terminating a parent’s rights to their child. Regardless of the circumstances, this is a weighty punishment to levy upon anyone and must be accompanied with grave reasoning and evidence – which it often is. We have made a point throughout our many years of service to help those who are in danger of losing their loved ones or are desperately trying to protect them from unfit and malicious parents.
Whatever situation you may find yourself in presently, the family law professionals at Farah & Farah can help you. Our primary concern is the continued good health and well-being of your child, as well as the preservation of your relationship with them. We will use every resource at our disposal to ensure the optimal outcome in your case and will not rest until you – and your child – are satisfied.
Does Being Incarcerated Mean Loss of Rights in Florida?
One particular aspect of Florida State Statute 39.806 that is often mulled over and appealed is the subsection covering incarceration. The first half establishes that a parent’s rights to his or her child may be nullified if said parent is incarcerated for what is considered – “a substantial portion of the period of time before the child will attain the age of 18 years.” This obviously can vary substantially from case to case and relies heavily upon the mitigating and aggravating factors surrounding the case. Bottom line – if you are in jail for a longer period of time than your child is a minor, your rights could be forfeit. Ultimately, it will be on the judge to decide, but the evidence must be conclusive.
The second part of the subsection concerning jailed parents expands in a far more detailed fashion. Career criminals, patently violent convicts with a history of abusive behavior, sexual predators or offenders and any person who poses a real and ongoing menace to their own children fall under this sub-section of the law. In general, if a parent has a string of felonies under his or her belt or a history of murderous, sociopathic behavior, it is a foregone conclusion said parent’s rights will be revoked upon judgment.
Your Rights, Their Future
Suspending a parent’s right to their child is by no means a frivolous action. It is a permanent and family altering decision by the courts that has massive repercussions on both sides of the prison fence. Florida lawmakers that established State Statute 39.806 covered a wide range of potentially harmful and dangerous circumstances that could justifiably warrant such a move.
If you are facing such action and believe it to be unfounded or are seeking a permanent restriction upon a convicted family member, we highly recommend speaking with an experienced Florida family law attorney today. The law firm of Farah & Farah can help weigh your options and assist you in whatever legal action you need to pursue. Give us a call at (904) 263-4610 for a free case evaluation today.