How do you strip someone of their Parental Rights in the state of Florida?

Question

I'm trying to figure out if my husband has a case to get his child taken from his ex, who is a drug addict and has severe mental problems. We both feel that it would be in the best interest of the child if the mother did not have custody.

Answer 1

By Florida law, a final divorce decree that provides for the custody of children can be materially modified by the courts ONLY when a) there are facts concerning the welfare of the child that were not known by the court at the time that the original decree was entered or b) there has been a change in circumstances that has arisen since the original decree. Under these circumstances, there is always a presumption in favor of the reasonableness of the original decree.

A court must find that conditions have materially changed since the decree and that the conditions and circumstances of the decree are of a material nature.

Florida case law has evaluated the question of how a court may establish "substantial and material change". The current standard seems to be Cooper, which requires the party seeking the modification to prove 1) a substantial and material change in circumstances and 2) that the best interests of the child will be promoted by the modification requested.

That's the legal challenge that awaits you (and your attorney) - to achieve a modification, you must first overcome Florida's strong presumption that shared responsibility is "in the best interest of the child" and then you must further overcome the presumption that the original divorce decree is reasonable, by showing that there has been both a substantial and material change in circumstances.

For obvious reasons, Florida courts are leery of making changes in child custody agreements every time a parent comes to court demanding sole custody.

Answer 2

I don't know if i can help you in this one does she love her kid? Is she willing to change for her kid or do you even know her that good a kid is always better with the mom aleas the dad would love the kid plus take care of the kid more would the mom be torn apart from the whole thing or would she not care? First find out wear her heart plus mind is at I mean really know before you even think about it.Don't let the kid get hurt things like this is never easy aleas the mom just don't care then it makes it all worth it.Be care full plus good luck your heart if you have one will led you the reast of the way.Just think of every one not just you or your boyfriend make sure what your doing is right.

Answer 3

[ note ]

Laws could change at anytime in any state and they or could all be different.

You need to call lawyer [ ref ] where you live at if you cannot afford a lawyer and see if they can hook you up with a,
* Pro-Bone-O Lawyer*, when it comes to your children's well being.

Legal Advice is your best option.

Answer 4

Something you'll definatley have to prove and you better make sure you two have no dirty laundry of your own and alot of money!