Legal Question in Family Law in Florida
I live in Florida. I am a father and have primary custody of my son. My ex-wife has time share for one weekend a month, summers, and we switch holidays. She has not been in contact with him for at least 13 months. This includes no phone calls, visits, letters, e-mails, any form of communication. She has never sent money for school supplies, medical bills, or anything for him. Can I file abandonment on her and gain sole custody?
3 Answers from Attorneys
Yes, it is up to the court to grant the request but looks like you can make the case.
You can file, but it almost certainly won't be granted if she shows up in court or responds by paper or any other way. Divesting a parent of their rights is almost impossible unless the parent is abusing the child or unless the lack of contact has occurred for many years. you'd have a much greater likelihood of having the mother's rights terminated in favor of your current wife's (if you have a wife) attempt to adopt.
Yes you can file but it would be easier to win your case if you were making your request in conjunction with a step parent adoption.
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