Legal Question in Family Law in Florida
child abandonment
my husband has 2 children, an 11 year old boy and a 13 year old girl. the boy has lived with his mother and father since he was 6 months old when his mother dropped him off and never came back. the girl has lived with my husband and his mother and father on and off all her life. problem no one has ever established custody with the children, the mother is a herion addict who lives in ohio and we live in fla. question where do we start with the custody issue? do we file abandonment charges against the mother or do we just file a motion reguarding custody?
1 Answer from Attorneys
Re: child abandonment
Start with getting a lawyer. Never risk the lives of children without having the help of a lawyer.
Next, one of us may not be very smart, and I'll admit it could be me, because I can't understand what you've written:
"[T]he boy has lived with his mother and father since he was 6 months old when his mother dropped him off and never came back." Okay, he has lived with his father and he has lived with his mother since he was a baby except that he hasn't lived with his mother because she dropped the son off years ago, and she never came back. Makes no sense.
"[T]he girl has lived with my husband and his mother and father on and off all her life." So, the daughter has lived with her father and the paternal grandparents on and off since birth. Okay, that I get, but with whom else has she lived?
It's important to know, because an important question is, if the kids are with him now (you didn't say), why file anything?
If the mother never sees the kids, why terminate her rights (for "abandonment")? You may not know this, but terminating rights stops child support. Is there really any chance that this drug addict who hasn't seen the kids in years will get custody? Are you trying to stop her visitation? That might be a good idea. Is your husband getting child support? That might also be a good idea, but would the mother even pay it if it were ordered?
There are a lot of issues here, and you haven't given much info. You definitely should see a lawyer as soon as possible.
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