Legal Question in Family Law in Florida
In 2010 I went to trial over custody of my then 3 year old daughter. My ex husband didn't appear and so I was granted permission to re-locate with my daughter to Florida. My ex-husband moved to Tennessee and had maintained phone contact with our daughter up until last month. He has not seen are daughter in person since February 2011. His visits with her prior to that where Dec 2010 and June 2010. I have a child support case open and he owes over $17,000. His payments would come about every 6 months but over the last 2 months they've been fairly regular and about $140 a week. On August 21st he got upset and said he wanted to sign over his rights to my husband. Said he never wanted to see me again and that if my husband would adopt that he would sign over his rights. He's said this several times but this time he has cut off all contact with my daughter. His phone has been shut off and he refuses to give me a number even for emergencies only. He has not talked to our daughter since August 20th. He has since changed his mind and emailed me a couple of times to say that he can't do anything about a phone right now and that he will be taking me back to court once he gets everything figured out. He also said it he thinks it will take about 2 years. In the meantime he has no plans of talking to our daughter. I want to file for abandonment, how long should I wait to file in order to stand a chance of his rights being terminated?
1 Answer from Attorneys
What are you waiting for. He is not supporting this child and is not making any effort to visit her. I suggest you file now.
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Does a judment have to be signed to be in effect? Asked 9/18/12, 8:17 am in United States Florida Family Law, Divorce, Child Custody and Adoption