The right of a natural parent to enjoy the custody, fellowship, and companionship of his or her child can be abrogated only when the ultimate welfare or best interest of the child requires the termination of parental rights.
Unless the natural parents are found to be unfit or have relinquished their rights, nonparents cannot be given custody of minor children.
In Bushman v. Bushman, 475 So.2d 730 (Fla. 1st DCA 1985), the court acknowledged that after Pape and D.A.McW., the best interest of the child was no longer the standard to be applied in awarding custody to nonparents.
A trial court cannot engage in a ‘best interests of the child’ analysis unless and until there is sufficient proof to establish parental unfitness or substantial threat of significant and demonstrable harm to the child. LiFleur, 138 So.3d at 574, citing Richardson b. Richardson, 766 So.2d 1036 (Fla. 2000).
Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.
We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.
If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.
To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.
Learn more about child custody by visiting:
Tampa Child Custody Lawyer, Gary Dolgin