Legal Question in Family Law in Florida
Termination of a Mothers Parental Rights...
Roughly 2 and half years ago I was named the Primary Custodial Parent of my 2 children, now 4 and 6. Their mother was given the opportunty to have weekly visitation during the summer and bi-weekly visitation during the school year. Since the custody hearing, she has only seen them once. She was supposed to have them for a week, but returned them after 2 days and has not seen them or made any attempt to contact them or myself since. It's been 2 and a half years. At what point is this considered abandonment, and at what point can her rights be terminated. I have no idea where she is currently living, but last I heard she was in South Florida.
2 Answers from Attorneys
Re: Termination of a Mothers Parental Rights...
A Ch 39 Termination of Parental Rights is controlled, for the most part, by the Dept. of Children & Families Services.
If you were given Primary Custodial Parent in a custody action or a divorce action, there is no provision to terminate a mother's rights.
Some time should be spent on trying very hard to find her.
There must be a reason for the termination, right?
Children still love their parents no matter what they might have done.
Re: Termination of a Mothers Parental Rights...
You would only be in a position to initiate such a proceeding if someone else wanted to adopt the kids or if she were actually a danger to to them, which it does not appear she is. The courts will not terminate under these circumstances because even if she does not see them, the court and the state have an interest in her being held a responsible party -- ie., she should pay child support now and especially in the event that you are unable to support them yourself.
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