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stpetebub · Apr 25, 2007, 07:06 AM

Does anyone know how the state of Florida defines child abandonment? I can't find anything in the state legislature. Long story short.. I'm a foster parent and we're heading towards adoption. The father 'popped' up in court yesterday asking for visitation after 20 months of no visits or contact with the children. One would assume (I know it's never safe to assume) that he had abandonded his children after so much time had passed knowing full well where they were and how he could have had visits.

If anyone knows the answer to the definition or if there's a timeframe it would be greatly appreciated.

Thanks

Gem_22205 · Jun 5, 2008, 12:36 PM

Title V
JUDICIAL BRANCH Chapter 39
PROCEEDINGS RELATING TO CHILDREN

39.01 Definitions.--When used in this chapter, unless the context otherwise requires:

(1) "Abandoned" means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver responsible for the child's welfare, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If the efforts of the parent or legal custodian, or caregiver primarily responsible for the child's welfare, to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. The term "abandoned" does not include an abandoned newborn infant as described in s. 383.50, a "child in need of services" as defined in chapter 984, or a "family in need of services" as defined in chapter 984. The incarceration of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment.

As the Florida statute for abandonment explains, if he is not the legal custodian of the minor child, you may want to research this further but I do not believe he, by definition, has "abandoned" his child.

I hope this helps you.