child abandonment

[carofl93]

What is the name of your state? Florida

We recently got primary residential custody of my 7 yo stepdaughter. It has been 105 days since her mother has tried to contact her and now the woman is hiding out, refusing to pay the court ordered child support. I have been looking for info on child abandonment in the state of FL and can find nothing. How long must we wait before we can get a judgement giving us permanent custody of my stepdaughter since her mother is denying her daughter's very existence?

 

[Crusaader]

Information on abandonment as per the 2003 Florida Statutes:

FS 39.01 Definitions

(1) "Abandoned" 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 responsible for the child's welfare, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If the efforts of such parent or legal custodian, or caregiver primarily responsible for the child's welfare, to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. The term "abandoned" does not include an abandoned 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.

You say you recently got primary physical residence of the minor child. In the state of Florida, if you have an order for Primary Physical Residence of Minor Child, that is custody. However, the BM (in this case, the NCP) can come at any time and request to see her child or petition the court for custody or shared custody if she so chooses. If she hasn't been found by the court to be an unfit parent she has as many rights to the child as the CP and will most likely be granted her request. It all comes down to the best interests of the child and it is generally understood that the best interests of the child include relationships with both parents.

 

[carofl93]

Thanks for the info

We're just waiting it out. Bio mom can't have visitation unless she goes before the judge (as per his order), and we know she won't do that. I suppose a non existent parent is better than one who calls and says hurtful things. Still waiting for the state to go after her DL for nonpayment of CS, but life is pretty good right now. Biomom is just a skeleton in the closet for now, and can stay there till the end of time.

 

[carofl93]

Thanks for the info

We're just waiting it out. Bio mom can't have visitation unless she goes before the judge (as per his order). Still waiting for the state to go after her DL for nonpayment of CS, but life is pretty good right now. Biomom is just a skeleton in the closet for now, and can stay there till the end of time.