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?

