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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Getting a Judge to Terminate Parental Rights

    My question involves adoption law for the State of: Florida

    My ex and I have three children together. We married in 99 and was divorced in 2007. My current husband and I moved due to him being military. My ex continued to see and visit our children. We would meet half way and talk alot on the phone. He started dating a woman who hates kids. He drove 1100 miles to move her to him. My ex picked our kids up on July 12th, 2009 and took them for a three week visit. He was supposed to have them longer but "they" had plans. They being him and his girlfriend. I didnt fight about it, I just went with it. On July 13th, not even 12 hours after he picked them up, I recieved a text message that said I am bringing them home. Well he slept on it and desided to keep them. He traveled to texas with them and within a 24 hour period they had two trips to the ER room. Once because my daughters ear got hit and was hurting and the second time, my son had called me because my four year old daughter was choking on a sun flower seed and I had to beg him to take her....after he tried to ram his finger down her throat saying there was nothing there. Our divorce papers state that he is to pay dental and insurance on them. I just got notice that he dropped the dental so far and now I owe a ton of money and they wont finish the work on my son till they are paid. Anyway, I got away from what I was saying, I apologize. I met him on July 28th and picked them up. We spoke the next day and he has not called or anything since that day. I had my four year in the emergency room with a fever of 105 and he didnt call or anything. I texted, emailed, called his family...everything...and got no response...He does pay child support but does not call or text no regular mail..nothing..how long do I need to wait before I ask a judge to terminate his parental rights or because he is paying child support does that mean he doesnt have to be there emotionally for our children? I know its only been a short time, but his girlfriend does not want the kids anywhere near them, so I dont think it will change anytime soon!

    Thank you

  2. #2
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Getting a Judge to Terminate Parental Rights

    The only thing that I can think of is wait it out. After a bit I would go to the courts and ask for a modification of custody, giving you more and him less. After awhile (more than 6 months) and if nothing has changed, MAYBE you could ask to terminate his rights, but he does have to be informed of all of this. Just because his g/f doesn't like children doesn't mean that you need to take their father away from them... you don't do it, let him mess up not you control everything. Crappy I know, but it'll take time and patience. Just document when children have something going on (ER visits) and write down what he does or doesn't do...

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting a Judge to Terminate Parental Rights

    Grounds for termination of parental rights are described in Florida Statutes, Sec. 39.806. The circumstances you describe are a long way from abandonment.
    Quote Quoting Florida Statutes, Sec. 39.01(1)
    (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, makes no provision for the child's support and has failed to establish or maintain a substantial and positive relationship with the child. 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 of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment.

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