Almost 2 years ago my fiancée was awarded primary custody of his daughter. Her mother has disappeared (again) to Georgia (we think) the last time she had contact with the child was December 23,2007 for her holiday visitation, we received a call from the mother asking us to pick the child up (cutting her visit short) and that was the last time we heard from her. There was a child support hearing for contempt in January that she did not attent (she was aware of). There has been 1 child support payment in 2006. This woman has a history of drug and violent relationship. She has 3 other children that she does not have custody of and is contempt in those cases also. At this point we are wondering what constitutes abandonment in Florida?

Quote:

---

Originally Posted by nescalzo

almost 2 years ago my fiancee was awarded primary custody of his daughter. her mother has disappeared (again) to georgia (we think) the last time she had contact with the child was december 23,2007 for her holiday visitation, we received a call from the mother asking us to pick the child up (cutting her visit short) and that was the last time we heard from her. there was a child support hearing for contempt in january that she did not attent (she was aware of). there has been 1 child support payment in 2006. this woman has a history of drug and violent relationship. she has 3 other children that she does not have custody of and is contempt in those cases also. at this point we are wondering what constitutes abandonment in florida?

---

Abandonment is difficult - from what I can read Florida Law states: "Abandonment - Harm to a child's health or welfare can occur by leaving a child without adult supervision or arrangement appropriate for the child's age or mental or physical condition. "

That does not seem to be the case here because the child is with you and the father and is safe and cared for.

Were I you I would move for sole custody, no visitation by the mother - if can you prove she is unfit and visiting her would be unsafe for the child, if you can prove the drug history and violent relationships.

Or you can always say nothing and hope she permanently goes away. Or do nothing and wait until she reappears and then fight her then.

You certainly don't need me to tell you you are doing a good job here - and maybe this isn't the place to say it - but I have great respect for people who take on the step parent role in general, particularly under circumstances such as these. My hat is off to you. Your fiancé is a general man - lots of women would be long gone!