Legal Question in Family Law in Florida

My son is only one years old. I'm not his primary caregiver, but would like to be. His mother dropped him off at my house 2 weeks ago and hasn't called. I called her last Monday to see when she was picking him up, and all she said is that she didn't know if or when she was going to get him. Since May 19, 2010, I've been keeping a journal of when i get him, when i talk to his mother, what she says, when she gets him, and what condition he is in when i pick him up. I'm only 19 and new at this so i don't know if this is considered abandonment or what to do about it. I also have proof of her drinking and partying while he's with her, she's underage so i find this irresponsible, and would like to know what to do about the current situation. My son has bad separation anxiety and when i pick him up he's almost never with his mother. I never know where he's at because she refuses to call when she drops him off somewhere and when i get him he's always covered in bad ant or mosquito bites from head to toe. I really need your help in what to do and i especially need to know if him being here for 2 weeks, without hearing from his mother, is considered abandonment.

Thanks for your time


Asked on 7/11/10, 2:09 pm

2 Answers from Attorneys
Carolyn Jones Law Office of Carolyn R. Jones

You should file a paternity action to establish your rights as his father. You can find the forms to do this at flcourts.org. If you need further assistance contact the local legal aid in your area if you are without funds to hire private counsel.

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Answered on 7/11/10, 6:32 pm
Lucreita Becude Lucreita D. Becude, P.A.

During your paternity action, file a Petition for Custody as well. Contact DCF and let them investigate the living conditions for child.

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Answered on 7/12/10, 5:58 pm


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