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Florida Court Affirms Order Terminating Parental Rights Despite Mother’s Improvement

Parents typically want the best for their children and aim to raise them in a loving and stable environment, but not all parents possess the ability to properly care for their children. As such, in some instances, the courts will make the difficult decision to terminate parental rights. In some cases, the court will legally sever the parent-child relationship despite the fact that the parent is making strides towards improvement. This was demonstrated in a recent Florida ruling in which the court affirmed the trial court’s order in which it terminated a mother’s parental rights, despite evidence the mother had made marked progress. If your parental rights are in jeopardy, it is critical to retain a seasoned Florida child custody attorney to help you fight to protect your rights.

History of the Case

It is reported that the Florida Department of Children and Families instituted an action to terminate the mother’s parental rights with regard to her two minor children. The court developed a case plan that the mother was required to adhere to in order to maintain her parental rights. The mother failed to adhere to the plan, and the court issued a final order terminating her rights. The mother then appealed.

Grounds for Terminating Parental Rights in Florida

The appellate court affirmed the trial court ruling after reviewing the facts of the case. In its brief opinion, the appellate court noted that the mother initially neglected to comply with the case plan, but testimony indicated that she recently began to make progress. The appellate court explained, however, that there was nonetheless substantial evidence that supported the trial court’s determination that termination of the mother’s parental rights was in the best interest of her children.

Further, the evidence of record supported the conclusion that termination of the mother’s parental rights was the least restrictive method of protecting the children from harm. The appellate court explained that in cases in which the trial court finds that the evidence presented is convincing and clear, and the appellate court cannot state that a reasonable person would evaluate the evidence differently, the trial court ruling will not be set aside on appellate review. Additionally, the appellate court noted that this was true even in cases where parental rights were terminated despite evidence of a parent’s marked improvement. Thus, the appellate court affirmed the trial court’s ruling.

Meet with an Experienced Miami Family Law Attorney

While the courts recognize the importance of maintaining children’s relationships with their parents, in some instances, they will deem it necessary to sever parental rights. If you need assistance with a child custody matter or any other family law issue, it is in your best interest to meet with an attorney promptly. The experienced Miami attorneys of the Law Offices of Sandy T. Fox, P.A., are mindful of the importance of protecting parental rights, and we will work tirelessly to help you strive for a favorable outcome. We have an office in Aventura, and we regularly help people with custody matters in Miami. You can reach us via our form online or at 800-596-0579 to set up a conference.

 

 

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