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cnkfamx6 · Feb 26, 2009, 09:33 PM

I regained custody of my daughter back in Sept, 2007 due to my ex-wife removing my daughter out of state after I filed paper in the court asking for the child to remain in Florida. The orders state that the mother is to have no visitation with the child and that I have temperary custody. It is now Feb 2009 and the mother has had absolutley no contact with child ( no b-day, Christmas, phone calls) My question is, Has she abandoned our child? And if she decided after 2 years she wants the child back does she have a shot?
Is there any way I can keep the child as me being primary parent or is this just going to be a waiting game for her to decide or not to decide to be the child's mother?
The mother still resides out of the state, if that helps any.. And has done nothing to make it even seem she was interested in being in the child's life.
Is there any benefit to filing child abandonment or any such thing and would it be beneficial for the child?

stevetcg · Feb 27, 2009, 05:04 AM

Its really just a waiting game, but ultimately the longer she waits the harder it is for her to get ANY visitation. Does she have a shot of getting custody back? I would guess about the same shot of you hitting Powerball. Twice.

Someday if she comes to Florida and files for visitation, she may be granted limited visits.

I would, however, go to court and have that 'temporary' removed from your custody. She seems to want it to be permanent. Do you have a lawyer?

cnkfamx6 · Feb 27, 2009, 05:58 AM

We do not have a lawyer.

stevetcg · Feb 27, 2009, 06:00 AM

The security it would bring would certainly be worth the consultation fee. I would recommend it.

cnkfamx6 · Feb 27, 2009, 06:17 AM

Thanks, I just did not want to start things too soon. I want it to be that my daughter stay here and not beflip flopped.. So the longer the ex stays away the better of a chance to have my daughter stay?

Fr_Chuck · Feb 27, 2009, 06:20 AM

Of course how do you expect her to have "contact" if the court order does not give her contract, sort of a "catch" there.

But again normally merely not seeing the child, or not paying child support is not grounds to take a parents right away, but it is grounds to get primary custody changed

There has to be a date at some point to go to change the temp custody to full custody, the mother may at that time get visit rights, perhaps supervised at first. And will be ordered to pay child support.