Parental Rights

April 28, 2012

Child Abuse and Child Custody

As an Orange Park Child Custody Attorney, I often see cases involving child abuse and child neglect. I run into these issues primarily in cases involving termination of parental rights or simply child custody disputes.

Florida defines abuse as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

When I run into cases involving allegations of child abuse I always tell my clients of the importance of reporting such abuse. Florida Statute § 39.201 defines when it is required to report child abuse, abandonment, or neglect.

April 22, 2012

Termination of Parental Rights in Florida

by David M. Goldman

The Department of Children and Families are considering terminating the parental rights of a Brevard County couple whom were arrested in March of this year on three counts of aggravated child abuse. The couple, Michael Marshall and Sharon Glass, reportedly admitted to locking up a 13 year old boy in a bathroom and withholding food and care as a form of punishment. When the boy was found he weighed a startling 40 pounds. Responding police reportedly stated the boy looked as though he was an inmate in a concentration camp.

It is believed that three children were found in Marshall’s and Glass’s home. The boy and his 11 year old sister are Marshall’s children, whereas a third child, a boy, is Glass’s. Marshall’s two children are now in foster care and Glass’s child is with his father. Caseworker’s are reporting that if the Department succeeds and has the parental rights of the couple terminated then Marshall’s children could be adopted by another family.

As an Orange Park Family Law Attorney I turn to Florida Statute 39.806 when dealing with sad cases like that described above. This Statute covers the Grounds for Termination of Parental Rights, which range from mutual consent by the parties to abuse, neglect and abandonment. However, this Statute not only specifies what are grounds for termination of parental rights but also specifies circumstances which do not establish grounds for termination of parental rights.

April 8, 2012

Child Abuse & Neglect in Family law

by David M. Goldman

As a Jacksonville Child Custody Attorney, I often see cases involving child abuse and child neglect. I run into these issues primarily in cases involving termination of parental rights or simply child custody disputes.

Florida defines abuse as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

Neglect, on the other hand, “occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian; however, such an exception does not preclude a court from ordering the following services to be provided, when the health of the child so requires:”

February 16, 2012

Parental Rights Of Pregnant Minor Child

by David M. Goldman

If you are parent of a teenage girl in Florida, I am sure you have seen the show 16 and Pregnant, documenting the tribulations of teenage pregnancy. Some of these teens contemplate abortion. It is important to know that in Florida the parents of a teen who is pregnant have rights when it comes to the abortion of their soon to be grandchild.

The Florida legislature recently passed a bill that will go into effect on October 1, 2011, giving more rights to these parents during the occurrence of their minor daughter’s abortion. One of the rights in this bill is the right to be notified. A physician administering the abortion must give the parents of a minor “constructive” notice by way of first-class mail AND by certified mail.

Please contact a Jacksonville Family Law Lawyer for more information on this or similar issues.

January 19, 2012

Florida Bill Seeks to Protect Parental Rights of Military Parents

by David M. Goldman

Last year, the Florida House of Representatives unanimously passed a bill that would help protect the parental rights of mothers and fathers serving in the military. Unfortunately, time ran out before the state Senate could consider the bill, so it will have to be re-voted on. However, it seems likely that the bill will pass in the house and again move to the senate.

The bill attempts to solve some of the problems military parents face, such as visitation rights when the parent has to be away for a prolonged period of time. The bill allows the parent to ask the court to delegate parental rights to another one of the child’s family members, not limited to the other parent and including the child’s stepparent.

To illustrate, let’s say the father of a child has custody of the child over the summer, but the father will be away for several weekends and a full week during that time. Instead of simply sending the child back to her other parent, the child could, with the court’s permission, remain with her stepmother while the father is away.

January 3, 2012

LGBT Parental Rights

by David M. Goldman

On December 23, 2011, the Florida 5th District Court of Appeal handed down a ruling on a very unique case. The case involved a lesbian couple who had been in a committed relationship for eleven years, and prior to splitting up, had a child together. One mother donated an egg, which was then planted in the other mother who gave birth.

The question before the court was, who is the mother?

According to Florida law, the woman who gave birth is the mother. However, the District Court in this case felt differently and ruled both mothers have parental rights. The District Court reasoned that the U.S. and Florida Constitution trumps Florida law and Florida’s laws have not kept pace with the times.

December 28, 2011

Who Should Raise Your Child

by David M. Goldman

As a Jacksonville Family Law Attorney I am always reading articles that relate to family law issues in the Jacksonville and surrounding areas. I recently stumbled upon a Tampa Bay Times article titled, “Is a child always better off with relatives, even after bonding with a foster family?”. This article describes the turmoil that can develop in a Termination of Parental Rights/Dependency case. Whether you find yourself having your parental rights terminated or are just interested in the issue I encourage you to read the article.

Contact a Jacksonville Family Law Attorney today for a consultation for any family law related issues.

November 30, 2011

Obese Children and Parental Rights

by David M. Goldman

The debate over parental rights and obese children has reared its head again. CBS News is reporting an 8-year-old Ohio boy was recently placed in foster care because his parents medically neglected him. Reports are suggesting the boy weighs more than 200 pounds, whereas, government growth charts suggests most 8-year-old boys weigh approximately 60 pounds.

County case workers allege they had been working with the mother for 20 months without any noticeable improvement in the child’s health.

This case begs the question of when should the state step in and intrude on parental rights.

November 8, 2011

Child Obesity and Custody Issues

by David M. Goldman

According to a recent news report, parents are increasingly arguing the issue of child obesity in child custody cases. In many states, including Florida, family courts are often burdened with deciding the rights of parents following a divorce. Couples should figure these terms out on their own, but the court may, in some instances, have to make the decision for them. In Jacksonville the court makes this decision based on the best interest of the child standard and considers arguments from both sides as to which parent should get which rights.

Parents are generally free to offer any sort of evidence (provided it complies with the rules of evidence) for the court to consider, and some parents are beginning to argue that the other parent has contributed to the child’s obesity. They can show this in any number of ways; for example, by referencing the child’s weight, by showing the sort of diet the other parent provides the child, or showing the other parent lets the child sit inside to play video games all day. For example, one case from Oregon saw a judge limit rights of a parent who was providing fast-food meals to the child for nearly every single meal.

It is important to note that a child’s obesity is just one factor the court might consider. But if a child’s parent is encouraging unhealthy behavior, there are likely other issues to consider as well. If you are going through a child custody case or a divorce, contact a Florida Family Law Attorney to discuss your case.

October 12, 2011

Termination of Parental Rights

by David M. Goldman

You may have heard the sad but interesting story about a Jacksonville woman, Jessica Rivera, who has been charged with the death of her 13-year-old daughter after the young girl was found malnourished and covered with lice back in June. The girl was originally found unresponsive. Coroners stated the cause of her death was due to organ failure, caused by a massive infection.

Unfortunately, Ms. Rivera had three other children. The good news is that all three of her children were removed from their deplorable condition and are now under the state’s custody.

One interesting aspect of Ms. Rivera’s case is how the state has the ability to remove her children from the home. Ms. Rivera’s case is extreme and it appears the state was within reason when it removed her children, but that’s not always the case. Generally, courts will terminate parental rights only in extreme situations where the bets interest of the child is not in his or her parental home. There is usually a hearing involved, but court proceedings can be confusing and overwhelming, especially in such harrowing circumstances. If you are wrongfully facing the loss of your parental rights, contact a Florida Family Law Attorney to discuss your options.