In Florida, the courts may terminate parental rights if they believe a child faces a risk of harm if they remain in the parent’s custody. In some instances, however, the courts may find cause to terminate a parent’s rights even if a child is a newborn, as demonstrated recently in a Florida opinion. If you are at risk of losing your parental rights, it is smart to talk to a Miami child custody lawyer about your options.
History of the Case
It is reported that the mother and the father, who already had two older children, had a third child. However, both older children were placed in out-of-home care due to an ongoing dependency case. The parents had a significant history with the relevant department concerning the well-being of their children. Specifically, the oldest child, when she was six months old, was removed from the parents’ care due to injuries, including a spiral arm fracture, bruising, and soft tissue damage. The parents denied causing these injuries, offering an explanation that medical professionals found implausible. As a result, the oldest child was deemed dependent. The parents’ second child was sheltered shortly after birth, and the parents agreed to the second child’s dependency status.
Allegedly, since being placed in out-of-home care, both older children have remained separated from their parents, as the parents have not fulfilled the necessary conditions for reunification. They are only allowed supervised visitation with their children. The dependency cases for the older children are still ongoing. When the third child was born, the department removed the child from the parents’ care and initiated proceedings to place the child in out-of-home care as well. However, the trial court denied the shelter petition for the third child, stating that although the parents had a history of involvement with the department, there was no imminent harm identified for the third child. The department appealed. Continue reading ›