Parental Rights & Mental Illness

by Anonymous from Florida

Parental Rights & Mental Illness:
Is there a form petition to voluntary relinquish parental rights due to mental illness? a Voluntary Relinquishment of Parental Rights form--

If a parent has a mental illness can they file a voluntary relinquishment of parental rights.

This being in the best interest of child who resides with the other parent for more than a year?

Answer to Florida Court Forms Question

Dear Anonymous,

Sorry, but not that I know of. A parent who is mentally ill can be excused from paying child support; if their mental illness also prevents them from working. Also a parent who is mentally ill may be denied contact with a child if the contact is deemed detrimental to the child.

But, as far as I know, relinquishment of parental rights for the sole cause of mental illness is unlikely. Generally, in Florida, voluntary termination of parental rights can only take place if there is another person ready, willing, and able to take that parent's legal place -- such as in a step-parent adoption.

The courts can terminate parental rights for cause, which includes circumstances like criminality, drug addiction, and abandonment. And, my question is, if the parent who is mentally ill, voluntarily surrenders parental rights; is that mentally ill parent competent to do so?

And, if a mentally ill parent can voluntarily terminate parental rights; can other parents with other illnesses do so as well? Can someone with a terminal illness voluntarily surrender parental rights? Your question opens the door to many more public policy questions, and I don't think Florida is about to make any kind of parental rights exceptions other than the ones already recognized.

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