A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent. In these latter instances, Florida law provides a method for terminating the parental rights of unfit parents. Use this page to navigate to all sections within Family Code. Stat., s. 39.806. Expand sections by using the arrow icons. ... (Family Code Sec tion 7822) ... are involved in criminal matters, are found to be abusive, or otherwise unfit, the Juvenile Court can terminate one or both parents’ rights. The parent will then have an opportunity to defend themselves with their own evidence, in the form of affidavits, testimony from character witnesses, and other forms of evidence that dispute the unfit accusations. See Fla. This is FindLaw's hosted version of California Code, Family Code. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance ... CA 92108 (619) 289-7948 Mon-Fri 9am-5pm Recent Posts. According to California Family Code section 7820, you may bring a proceeding for termination of parental rights for the purpose of having a child, who is under the age of 18 years, declared free from the custody and control of the child’s legal parent, or parents, if the child fits within any of the descriptions of California Family Code Section 7822. This article will review the top ten factors used to determine if a parent is unfit. Your pleading should clearly request termination of parental rights based on one or more of the below, which ever and however many may apply, including reasons for such request: Family Code section 7822 – Abandonment; Family Code section 7823 – Neglect or cruelty He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. Before a parent is deemed unfit, the party trying to show the parental unfitness (usually the other parent) will present supporting evidence. A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. The above answer is a general explanation of … Terminating parental rights in California often comes up as part of an adoption process. Generally, Family Code section 7820 covers termination of parental rights. Failure to visit, provide support, or incarceration are other examples of grounds for being found unfit. In Florida, there are 12 statutory grounds upon which the Court might terminate parental rights.