Florida courts generally find that it is in a child’s best interest to maintain connections with both parents and are reluctant to sever the parent-child relationship. While the courts will usually determine if there are other, less restrictive, means of protecting a child prior to terminating parental rights, such an analysis is not always required. This was demonstrated in a recent Florida opinion in which the appellate court reversed a trial court order denying a motion to sever the parental relationship on the grounds that the father engaged in egregious conduct. If you have questions about your parental rights or the rights of your co-parent, it is smart to meet with a Florida child custody lawyer as soon as possible.
The Subject Case
It is reported that the mother and father shared custody of their minor children pursuant to a time-sharing agreement. The mother and her boyfriend drove to the father’s house to pick up the children, but the father refused to let them go. Then, in front of the children, he threatened to shoot the mother in the face if she took them. The mother loaded the children into her boyfriend’s truck. The boyfriend began driving away, and the father went into his house.
Allegedly, the father then returned with a gun and began shooting at the truck. One of the bullets hit the boyfriend in the back of his head, causing him to lose control of the vehicle and drive into a ditch. The mother suffered injuries in the crash, and one of the children suffered cuts when bullets shattered the truck’s windows. The father was ultimately arrested and charged with attempted murder, and the mother filed a petition to terminate his parental rights. The trial court denied the petition, and the mother appealed. Continue reading ›
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