Legal Question in Family Law in Florida

We live in Florida and I am the sep-mother to two boys, now 18 and 10. The bilogical mother lives in Kentucky. We moved to Florida in 2004 and since our move, we have had no contact with the bio-mother. No call, cards, NOTHING. Custody was court ordered as Joint at the time of there divorce. She has never paid any child support (None ordered). What rights does my husband have to petition the court to terminate her rights for abandonment?


Asked on 6/11/10, 11:06 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Well, the 18-year-old is emancipated now, so he cannot "terminate" rights with respect to him. Regarding the 10-year-old, there is a possibility that he could terminate the mother's rights based on the six years of no contact, especially if you are willing to adopt him. It's up to the judge to decide if enough time has passed to terminate those rights, and it will largely depend on whether the mother does anything when she is served with the termination papers. He should speak with a family law attorney.

Read more
Answered on 6/14/10, 9:10 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida