Remove Parental Rights of a Non Custodial Parent
by Kimberly from Volusia County, Florida
Under what circumstances can I remove parental rights of a non custodial parent?
The current non-custodial parent has recently filed for a power of attorney and given all parental rights to his parents and two sisters upon filing for disability.
Being that the non-custodial parent has never paid child support or has had any communication with his children, I am inquiring on the procedures and steps to take to file an injunction and request a legal name change of my children as well as removing the non-custodial parents parental rights.
Answer to Florida Child Custody Question
I suggest that you first ask your ex husband if he would voluntarily terminate his parental rights.
Sometimes this is all it takes, particularly if someone is in serious arrears on child support and/or has little or no contact with his children anyway.
In order for his parental rights to be terminated involuntarily, there must be a court finding of unfitness.
The most common statutory grounds for determining parental unfitness include:
- Severe or chronic abuse or neglect;
- Abuse or neglect of other children in the household;
- Long-term mental illness or deficiency of the parent(s);
- Long-term alcohol- or drug-induced incapacity of the parent(s);
- Failure to support or maintain contact with the child;
- Involuntary termination of the rights of the parent to another child;
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