We Offer Dependency Law Services to Terminate Parental Rights and to Represent Grandparents, Foster Parents, Adoptions from Foster Care, and Permanent Guardianships

Dependency law is a branch of family law that governs the protection of children when they are in a harmful situation. At Downer Law, in DeLand, FL, we aim to ensure the safety and well-being of children needing or being involved in the dependency court process. We aggressively advocate for children by representing relatives and other persons that wish to obtain temporary or permanent custody or visitation rights of children.

Child Shelter Hearings

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Dependency

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Dependency

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Foster Care Adoption 

Adoption establishes a legal parent-child relationship between an adoptive parent and an adoptee. It is a beautiful way to grow your family while providing a loving, safe, and stable home environment for a needy child. Being a positive role model impacts a child's future and enhances the community. There are several avenues to pursue in adopting a child, such as a private agency adoption, relative adoption, or the state's child welfare system. Foster care children from the Florida Department of Children and Families eligible for adoption are those whom the courts have terminated the parents' parental rights.

Foster Care Adoption Offers Benefits and Ongoing Support for Families, including:

The cost of adoption through the foster care system is significantly less than a private agency.

Foster care children qualify to receive state-funded Medicaid health insurance until they are 18 or longer if they have special needs.

Florida’s Adoption Assistance Program can offset the expense of caring for an adopted child. Florida provides a monthly subsidy to adoptive parents depending on the child’s needs and the adoptive parents’ circumstances.

The state may offer respite care for a child during family emergencies.

Florida provides college tuition for children adopted from foster care at the state and some private educational institutions up to 28 years of age.

A foster care adoptive family may be eligible for a Federal Adoption Tax Credit.

Florida state employees can receive a one-time benefit when adopting through Florida’s child welfare system.

Foster Parenting

Foster Parent Advocacy and Legal Representation

Becoming a foster parent is a life-changing decision. It is a commitment that comes with many responsibilities and obligations. Beyond the challenges, it is a gratifying experience knowing that you have helped a dependent child during a difficult time. The journey to becoming a foster parent includes the following: Meeting eligibility requirements such as attending foster parent educational classes Having a background check and fingerprinting Participating in a home inspection.

Completing a home study by the Florida Department of Children and Families. 

Grand Parent Representation

Having grandchildren is a significant source of fulfillment. A close grandparent-grandchild relationship benefits the health and well-being of both parties. The emotional bond can have lasting positive effects on a child's life. However, there are family dynamics that can radically impede those close ties. Divorce, remarriage, parent death, or complex family relationships may find grandparents seeking legal counsel to explore visitation or custody rights.


The Downer Law is an experienced and caring family law firm that understands the importance of grandparent relationships. Let us assess your situation and determine how you may secure grandparent visitation or custody in Florida.


When grandparents petition the court regarding visitation or custody issues, they have the burden of proof. Our law firm will be your voice in advocating your position to a family court judge. We explore the options available so that our clients can meet their goals of maintaining a loving relationship with their grandchildren.

Visitation and Custody Rights

Under Florida law, a grandparent has first consideration for adoption when the parents have lost or given up their parental rights. Suppose both parents are deemed unfit, deceased, incapacitated, or incarcerated. In that case, a grandparent may claim custody of a child. However, when a non-relative adopts a child, it terminates all biological grandparents' rights toward a child.

Determination of Grandparents’ Rights is based on the following:

The grandparents’ physical and mental health

The relationship between the child and the grandparents

Preference of the child depending on age

The child’s physical and psychological health

The financial stability of the grandparents

The criminal history of the grandparents

Alcohol or substance abuse of the grandparents

Religious and cultural considerations

The ability to provide a stable and loving home environment

The willingness of the grandparents to encourage the child to have a close relationship with their parents.

Permanent Guardianship 

Foster Parent Advocacy and Legal Representation

When a birth parent cannot have physical custody of a child, a court order may grant permanent guardianship to another person. A guardian is legally empowered as a surrogate decision-maker and must provide a safe living environment, education, health care, and other daily necessities. An appointed guardian may be a family member or other adult approved by the court. A judge orders a permanent guardian if it is determined that reunification with the birth parents or adoption is not possible or if it is in the child’s best interests.



The Downer Law has experience in family law and guardianship cases. Our legal team craft compelling cases to present to a judge on behalf of the client and the child. We know these are sensitive matters, and we want our clients to make informed, compassionate decisions for the child in need. We assist our clients with understanding guardianship laws, their legal rights, and options. 

When Establishing a Guardian for a Child, the Court Investigates the Following:

The relationship between the prospective guardian and the child

The financial status and moral character of the guardian and their commitment to providing for the child

The mental and physical soundness of the potential guardian

Criminal records of a potential guardian which may prohibit their appointment

The ability to provide a safe and permanent home for the child

A permanent guardianship remains in effect until a child turns eighteen, the minor becomes emancipated, or the court terminates the guardianship. The need for a permanent guardian may be due to the death or incapacity of the parents, or the parents may be unfit to provide a stable home environment.



Florida Statutes require that a minor be appointed a guardian of the property when they receive a settlement that exceeds $15,000 due to a personal injury, property damage, or wrongful death claim. This type of guardian is responsible for handling financial assets only. The person appointed can be a parent, family member, or another person interested in the child’s welfare.

Termination of Parental Rights

When the court system grants a termination of parental rights, the parent is no longer the child's legal guardian, and the parent-child relationship no longer exists. In the Florida court system, the primary concern is the child's best interests. Florida law recognizes that the parental role is significant in the development and future of a child. However, there are grounds for voluntary and involuntary termination under certain circumstances.



An individual or an entity can file a petition to terminate parental rights to commence a dependency or adoption proceeding. Parents, members of the immediate family, a prospective adoptive or foster parent, a Guardian Ad Litem, or the Florida Department of Children and Families may facilitate a legal proceeding. Once granted, an order to terminate parental rights is usually irrevocable except when evidence of fraud, coercion, or deceit exists.

Voluntary Termination

A parent may relinquish their rights to their biological child for an adoption to take place. A parent may recognize their inability to provide for a child's basic needs due to age, long-term mental health issues, financial issues, alcohol or substance abuse, or failure to maintain a relationship with the child. Voluntary termination negates legal parental rights for decision-making, visitation, or financial obligation. The court will only grant these cases if there is reasonable cause to approve the request and it is in the child's best interests.

Involuntary Termination

The court system may terminate parental rights without parental consent if there is evidence that the parent or parents are unfit. Often, an unfit parent has engaged in egregious conduct threatening the child's life, safety, or physical, mental, or emotional health.

Grounds for Involuntary Termination Under Florida Law Are:

Abuse, neglect, or abandonment

Long-term alcohol or substance abuse and refusing to accept or complete treatment

Sexual abuse of the child or a conviction as a sexual predator

Long-term incarceration of a parent resulting in an inability to care for a child

Lack of parent participation in court-ordered rehabilitative services for reunification

Prior involuntary termination of another child

Long-term mental illness or incapacitation of a parent

Downer invites you to review our practice areas and learn how our law firm can safeguard your rights, your children, and your future. Call us at (386) 873-7835 to learn more. 

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