I would like to know what the chances are at terminating the rights of my son's mother. I was awarded sole-custody of our son 4/2008, when my ex became incarcerated for charges of First Degree Larceny and Fraudulent Use of a Credit Card. She is fighting the charges and it is going to trial. These charges score her at approximately 35 years at DOC, but she could be sentenced to much less since she is a first time offender. I just found out that her boyfriend got her pregnant, that may help with her downward departure as well? I looked up the Florida statutes on terminating a parent's rights, and found that it is possible on the grounds of "incarceration for a substantial period of time." So what is the lucky number? I have read case law of 5 years, 8 years, 12 years, etc..., and I have read that the judge denied terminating a parent's rights when they were sentenced to 5, 8, or 12 years. The other thing that could factor in is the diagnosis of her having a mental disorder; we are petitioning the court for a psychological evaluation. Thank you for your response.