Whenever possible, Florida courts give custody of children to the children’s legal mother and legal father. Custody is defined as physical residence with a parent or other legal guardian and decision-making power related to the children’s education, medical care, and other important life events. Usually, the legal mother and legal father are the child’s biological mother and her husband. If the mother is not married, a man can become the legal father by filing a Voluntary Acknowledgement of Paternity with the court. In the case of adoption, the court transfers parental rights from the biological parents to the adoptive parents.
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. Continue reading ›