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Time Frame for a Court to Consider "Child Abandonment" in Florida

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  • 03-01-2013, 07:03 AM
    vale007
    Time Frame for a Court to Consider "Child Abandonment" in Florida
    My question involves a child custody case from the State of: FLORIDA.

    I am looking into filing a modification of parenting plan and ask for sole parental responsibility of my 5 year old daughter. The father has not seen her in 3 year and has had very minimal and infrequent telephone communication during this time.
    In researching the law I see this definition under Florida Statute 39.01, however it does not state anything regarding a time frame under which if the criteria described below can be considered abandonment in court. The father does pay child support since I reported him to the central depository system (didn't before when he paid directly) and does so only to avoid license suspension as he needs it for his job. I also read that paying child support solely to prevent license suspension does not prevent a claim for abandonment.

    (1) “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. For purposes of this subsection, “establish or maintain a substantial and positive relationship” includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child. The term does not include a surrendered newborn infant as described in s. 383.50, a “child in need of services” as defined in chapter 984, or a “family in need of services” as defined in chapter 984. The incarceration, repeated incarceration, or extended incarceration of a parent, legal custodian, or caregiver responsible for a child’s welfare may support a finding of abandonment.

    Can anyone give me additional information please?
  • 03-02-2013, 10:45 PM
    Mr. Knowitall
    Re: Time Frame for a Court to Consider "Child Abandonment" in Florida
    Are you asking about stepparent adoption? Because if not, it's not happening.
  • 03-02-2013, 11:53 PM
    aardvarc
    Re: Time Frame for a Court to Consider "Child Abandonment" in Florida
    Agree. There is a huge difference between what a statute theoretically allows, and what courts actually do in practice. In Florida, if there has been SOME level of contact or payment of support, then unless dad is facing 5 or more years of incarceration, the courts aren't going to cut dad out of the picture and remove his parental rights for abandonment unless there is a step-parent ready, willing, and able to adopt. And even then, dad will still be given an opportunity to object. If dad is already having very minimal contact, what is it that you're attempting to accomplish with "sole parental responsibility", since that's what you effectively already have?
  • 03-04-2013, 07:28 AM
    vale007
    Re: Time Frame for a Court to Consider "Child Abandonment" in Florida
    It's more complex than that. Although aardvarc you're correct, in practicality it's very much like I do have sole responsibility, it's a big problem to get the father's authorization to do anything for my child as he's non-responsive. For example my child's passport has been expired for over 1.5 years and he won't respond to my attempts to contact him to sign the authorization form.
    Anytime school asks for parental authorization, I have to write a letter stating why her father is not present to sign, etc.
    I do live overseas with the child (with the father's knowledge and consent of course as we moved here before the divorce and he decided to stay behind in the US later on), and passport and travel is a must in my situation.
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