Legal Question in Family Law in Florida
Through a divorce I have shared parental custody of my 3 year old daughter. I, though, am the parent she will live with. My problem is that I left my ex husband when my daughter was about 6 months old. We continued to talk and try to work our marriage out during the last couple years, but did not live together. He spend most of that time in and out of county jail for drug problems, meth specifically. Now he is in county jail in another state being held (a year now) to see if the grand jury has enough against him to try him for a meth lab bust. If he is tried and convicted it will be a felony conviction. I do not trust him with my daughter in his care for visitation due to his past problems. If he is convicted of a felony, can I terminate parental rights and how do I go about doing that.
1 Answer from Attorneys
Under Florida lawyer, it doesn't sound like you have enough to terminate his rights, but this may be a good time to try. I say it's a good time because, although judges don't like to take a father (even a bad one) out of a child's life, your ex won't be able to show up in court to defend his parental rights. You may win by default.
I know it sounds like a low-down, dirty, sneaky thing to do, so I'm not advising you to do it, but if it's in the best interest of your child, you have to do what you have to do. It's certainly not illegal, and it's done all the time. You should speak to a family law attorney in your area to learn more.
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