Legal Question in Family Law in Florida

I have a question about what a "substantial" amount of time is in reference to a parent being incarcerated, and finding grounds for Child Abandonment. My X went to prison for false imprisonment against myself and death threats and vandalizing property. After being out for about 6 months, he went back in again for a VOP/shoplifting. He was already in and out of jail, and then in prison since April 2010 till Nov. 2011, and has now been re sentenced and given 2 years, 9 mo, 18 days. All together he will be out of my daughters life completely (from age 7.5-12.5)for about 5 years. Does this constitute a "substantial" amount of time? Do i have grounds to claim abandonment?


Asked on 6/08/12, 6:33 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

He is not abandoning the child. YOu can take her to see him. If you wish to ask for sole custody, I believe you could do that. He still has an obligation to pay child support and so the state will pay until he is out and then they will go after him to reimburse the state.

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Answered on 6/08/12, 6:40 pm


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