WHAT IS CHILD ABANDONMENT IN FLORIDA
Child abandonment in Florida is a common allegation that is heavily contested in family law cases involving custody disputes. It is, however, difficult to prove voluntary abandonment.
Contrary to some beliefs, merely dropping your child off at a friend’s house will not constitute abandonment.
Florida Statute 39.806(1)(b) defines abandonment as follows:
“Abandoned or abandonment means a situation in which the parent or legal guardian, the caregiver while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. For purposes of this subsection, “establish or maintain a substantial and positive relationship, includes but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communication are not sufficient to establish or maintain a substantial and positive relationship with a child.”
A parent’s incarceration can be considered in an action to terminate parental rights based on abandonment.
To establish abandonment, you must show that the parent is able to significantly contribute to the child’s care and maintenance or that the parent has failed to establish and maintain a positive and substantial relationship with the child.
If you can establish abandonment, your next step should be to file a petition seeking termination of parental rights. If your petition is granted, the parent will have no legal standing or rights to pursue a relationship with the child.
If you need strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. A free phone or videoconference consultation will be scheduled. After a thorough analysis of your matter, I will answer your questions and advise you regarding the best way to proceed.