Child Custody & Parental Responsibility
Florida parenting-plan and parental-responsibility resources.
Read Resource →
St. Johns Law Group
Family Law
Family Law
Termination of Parental Rights • Adoption • Contested Proceedings
St. Augustine Termination of Parental Rights Attorneys
Experienced Counsel for High-Stakes Florida Parental-Rights Cases
Termination of parental rights is among the most serious proceedings involving a parent and child. A termination order can permanently alter the legal parent-child relationship and often affects a child's path toward adoption or another permanent placement.
St. Johns Law Group represents clients in parental-rights matters involving abandonment allegations, contested proceedings, adoption-related termination and other legally recognized grounds throughout St. Augustine and Northeast Florida.
✓
Parents seeking or opposing termination proceedings
✓
Adoption-related parental-rights issues
✓
Evidence, hearings and contested litigation
High Stakes
Permanent legal consequences
Evidence
Documents • Witnesses • Records
Courtroom
Hearings • Objections • Litigation
Full-Service Team
Family • Adoption • Appeals
Florida Parental Rights
What Is Termination of Parental Rights?
Termination of parental rights is a court process that can permanently end a parent's legal relationship with a child.
Because of the consequences involved, Florida law requires specific statutory grounds, procedural protections and a sufficient evidentiary basis before parental rights may be terminated.
The precise requirements depend on the type of proceeding. Dependency cases under Chapter 39 and termination proceedings connected with an adoption under Chapter 63 are not the same process.
Important
A Parent Generally Cannot Simply “Sign Away” Parental Rights
A parent's desire to stop exercising time-sharing or avoid future responsibilities does not, by itself, terminate parental rights.
Termination must occur through a legally authorized proceeding and a court order satisfying the governing Florida statutes.
Florida TPR Framework
Different Types of Termination Proceedings
A critical first step is identifying which Florida statutory framework actually applies.
Florida Chapter 39
Dependency-Based Termination of Parental Rights
Chapter 39 governs dependency proceedings involving children and contains statutory grounds for termination of parental rights under §39.806.
These cases may involve allegations such as abandonment, abuse, neglect, failure to substantially comply with a case plan or other grounds specifically authorized by Florida law.
Florida Statute §39.806 →
Florida Chapter 63
Termination of Parental Rights Pending Adoption
Chapter 63 provides a separate procedure for termination of parental rights in connection with a proposed adoption.
That process may involve valid consent, abandonment, notice issues and other statutory grounds identified in §63.089.
Florida Statute §63.089 →
Chapter 39
Grounds for Involuntary Termination of Parental Rights
Florida §39.806 contains multiple statutory grounds. Whether a particular ground applies requires analysis of the exact facts and evidence.
Abandonment
Florida law permits abandonment to serve as a statutory ground when the legal definition and evidentiary requirements are established.
Conduct Threatening the Child
Certain conduct that demonstrates continued involvement would threaten the child's life, safety, well-being or health may support termination under the statute.
Case-Plan Noncompliance
Failure to substantially comply with an applicable case plan may become a statutory basis under circumstances defined by Chapter 39.
Serious Abuse or Neglect
Certain serious abuse, neglect or conduct toward a child or another child can create grounds for termination.
Incarceration
Incarceration can become relevant under the specific circumstances identified by Florida law; incarceration alone should not automatically be treated as establishing every TPR requirement.
Other Statutory Grounds
Section 39.806 contains additional grounds that require fact-specific review rather than a generalized assumption that termination is available.
Evidence & Child's Interests
Termination Requires More Than Allegations
A TPR case requires the court to apply the governing statutory standards to admissible evidence.
In Chapter 39 proceedings, Florida law requires the court to consider the child's manifest best interests under §39.810. The analysis includes multiple statutory factors rather than simply comparing one parent with a proposed future caregiver.
The party seeking termination must satisfy the evidentiary burden applicable to the proceeding.
Florida Statute §39.810 →
Serious Cases Require Careful Preparation
Termination proceedings can depend on testimony, records, statutory
grounds and the particular history of the parent-child relationship.
Adoption-Related TPR
Termination of Parental Rights Pending Adoption
Some termination proceedings occur because a stepparent, relative or other prospective parent seeks to adopt a child.
Consent to Adoption
When legally required persons execute valid consents satisfying Chapter 63, termination may proceed as part of the adoption process.
Abandonment
Chapter 63 separately addresses abandonment in proceedings to terminate parental rights pending adoption.
Contested Adoption Proceedings
Disputes can arise concerning consent, notice, abandonment, paternity or whether statutory grounds for termination have been established.
Stepparent Adoption Often Requires a Parental-Rights Analysis
A stepparent adoption may involve consent from the other legal parent or a court determination that another basis exists for termination of that parent's rights. The adoption and termination issues therefore should be analyzed together.
Both Sides of the Case
Seeking Termination or Defending Parental Rights
When You Are Seeking Termination
The case should begin by identifying the correct statutory basis rather than assuming difficult parenting conduct automatically permits TPR.
- Identify the governing statutory framework
- Determine whether legally recognized grounds exist
- Collect documentary and witness evidence
- Address notice and procedural requirements
- Prepare for contested evidentiary hearings
When Your Parental Rights Are Being Challenged
A parent facing termination should understand the allegations, statutory grounds, evidence and deadlines involved in the proceeding.
- Review the petition and alleged grounds
- Evaluate service and procedural issues
- Gather evidence responding to the allegations
- Prepare witnesses and documentary evidence
- Address the statutory child-interest analysis
Building the Record
Evidence Can Determine the Outcome
Termination cases often turn on the history of the parent-child relationship and the reliability of the evidence presented to the court.
Communication Records
Messages, emails, call histories and other communications may become relevant to contact, abandonment or parental involvement.
Financial Support Records
Records concerning financial support may be relevant depending on the statutory ground and circumstances of the case.
Court & Agency Records
Prior orders, dependency records and documented services can become important evidence.
Medical & Treatment Records
Where legally relevant and admissible, treatment records can become important in cases involving alleged substance abuse or safety issues.
Witness Testimony
Family members, service providers or other witnesses may have direct knowledge of disputed events and parental involvement.
Parent-Child History
The duration, frequency and quality of parental involvement may become relevant depending on the particular statutory ground.
One Legal Team
A Full-Service Law Firm Behind a High-Stakes Family Case
Termination-of-parental-rights proceedings can intersect with adoption, guardianship, divorce, parenting litigation and appellate issues.
St. Johns Law Group brings attorneys from multiple practice areas together when the case requires broader legal resources.
- Family Law — parenting, divorce and parental-rights disputes
- Guardianship — related guardianship matters
- Civil Litigation — evidence, hearings and contested proceedings
- Appeals — appellate resources when appropriate
- Estate Planning & Probate — related family and inheritance issues
- Mediation — dispute resolution where legally appropriate
One Legal Team
Family-law representation supported by the broader resources of a
full-service St. Augustine law firm.
TPR Litigation
A Termination-of-Parental-Rights Case
The precise procedure depends on the governing chapter and facts, but contested matters generally require careful preparation at each stage.
1
Legal Assessment
Identify the statutory pathway, grounds and procedural requirements.
2
Evidence
Collect records, identify witnesses and evaluate disputed facts.
3
Petition & Response
Prepare or respond to the pleadings and address notice requirements.
4
Court Hearing
Present testimony, exhibits and legal argument concerning the statutory issues.
Family Law Center
Related Family Law Services
Divorce & Family Law
Comprehensive Florida family-law representation.
Family Law Center →Parenting & Time-Sharing
Parenting plans, parental responsibility and time-sharing litigation.
Parenting Services →Guardian ad Litem
Guardian ad Litem services and representation in cases involving a GAL.
Guardian ad Litem →Contested Family Litigation
Discovery, evidence, hearings and courtroom advocacy.
Contested Divorce →Post-Judgment Modification
Parenting and support modifications after a final judgment.
Modification Services →Family Mediation
Mediation for appropriate family-law disputes.
Family Mediation →
Family Law Team
Meet the Family Law Team
Our family-law attorneys are supported by senior paralegals and a dedicated mediation coordinator, providing a team-based approach to parental-rights disputes and contested family litigation.
Family Law Attorney • Certified Mediator • Guardian ad Litem
Rachael W. Greene
Family-law attorney handling parenting disputes, contested family-law matters, Guardian ad Litem issues and mediation.
View Profile →
Family Law • Probate • Guardianship Attorney
Felecia Walker
Experienced advocate handling family-law litigation, guardianship, probate and related contested proceedings.
View Profile →
Senior Paralegal • Mediation Coordinator
Becky Ferris
Supports the family-law practice and coordinates case logistics and mediation.
Senior Paralegal • Family Law
Morris McEvoy
Supports family-law attorneys with discovery, document preparation, client coordination and litigation support.
40+ Years
Combined family law experience of Rachael Greene & Felecia Walker
Certified Family Mediator
Settlement and dispute-resolution capability
Termination of Parental Rights FAQs
Common Questions About TPR in Florida
Can a parent voluntarily give up parental rights in Florida?
A parent generally cannot end the legal parent-child relationship merely
by deciding to surrender parenting rights. A termination must occur
through a legally authorized process, such as a Chapter 39 surrender or
a Chapter 63 adoption-related proceeding, and must be approved by the court.
What are grounds for involuntary termination of parental rights?
Florida §39.806 identifies multiple grounds, including abandonment and
other specifically defined circumstances. Whether a ground exists
requires review of the exact facts and statutory language.
Is abandonment enough to terminate parental rights?
Abandonment can constitute a statutory ground, but the legal definition,
evidence and other requirements of the governing proceeding must still
be established.
Can parental rights be terminated for failure to pay child support?
Failure to provide financial support may be relevant to certain
abandonment analyses, but nonpayment by itself should not automatically
be assumed to result in termination. The full statutory standard and
facts must be evaluated.
Can parental rights be terminated because a parent is incarcerated?
Florida §39.806 contains circumstances in which incarceration may
support termination, but incarceration alone does not eliminate the need
to satisfy the particular statutory requirements.
Does a stepparent adoption require termination of the other parent's rights?
A stepparent adoption generally requires the parental-rights status of
the other legal parent to be resolved through consent or another legally
recognized basis under Chapter 63.
What happens if the other parent refuses to consent to an adoption?
The effect depends on the facts. Chapter 63 permits termination pending
adoption on specified grounds even without consent in certain
circumstances, but the petitioner must satisfy the statutory requirements.
What standard does the court use in a Chapter 39 TPR case?
The court must determine whether a statutory ground has been established
and consider the child's manifest best interests under §39.810, together
with the other legal requirements governing termination proceedings.
Does the child automatically become adopted after parental rights are terminated?
No. Termination and adoption are related but legally distinct steps.
A later adoption still must satisfy the requirements applicable to that
adoption proceeding.
Can a termination-of-parental-rights order be appealed?
Florida law provides appellate procedures for termination orders.
Deadlines in appellate matters can be short, so any potential appeal
should be evaluated promptly.
Recent Legal Insights
Recent Family Law Articles
Recent St. Johns Law Group resources concerning Florida family law, parenting, litigation and related issues.
St. Johns Law Group
Family Law
Family Law
Guardian ad Litem in Florida
Guardian ad Litem resources for contested child-related family-law matters.
Read Resource →
St. Johns Law Group
Family Law
Family Law
Contested Family Law Litigation
Discovery, evidence and courtroom resources for contested family-law matters.
Read Resource →
Northeast Florida Counsel
Areas We Serve
St. Johns Law Group handles parental-rights and related family-law matters throughout Northeast Florida as appropriate to the case and jurisdiction.
St. Johns County
St. Augustine • St. Augustine Beach • Ponte Vedra • Ponte Vedra Beach • Nocatee • SilverLeaf • St. Johns • Julington Creek • Fruit Cove • World Golf Village
Flagler & Duval Counties
Palm Coast • Flagler Beach • Jacksonville • Mandarin • San Marco • Jacksonville Beach and surrounding communities
Clay & Putnam Counties
Green Cove Springs • Fleming Island • Middleburg • Palatka • Interlachen and surrounding Northeast Florida communities
St. Johns Law Group
104 Sea Grove Main Street • St. Augustine, Florida
Local St. Augustine Office
Family-Law Counsel Based in St. Augustine
Our attorneys handle contested parental-rights, parenting and related family-law proceedings throughout Northeast Florida.
- 104 Sea Grove Main Street, St. Augustine, Florida 32080
- Family-law representation throughout Northeast Florida
- In-person, telephone and remote consultation options
Termination of Parental Rights Consultation
Talk With a St. Augustine Parental-Rights Attorney
Whether you are seeking termination in a legally authorized proceeding, responding to a TPR petition or addressing parental rights in connection with an adoption, our legal team can review the circumstances and applicable Florida law.
- ✓ Termination-of-parental-rights proceedings
- ✓ Adoption-related parental-rights issues
- ✓ Contested hearings and evidence
How Can We Help You?
Complete the secure intake form below and a member of our team can review your inquiry.