Ask Me Help Desk - Child abandonment in Florida

When can someone file for abandonment of a child in the state of Florida?

My husband has been in my son's life since he was 3 months old but my son's father only sees him on his birthdays and christmas (which are a month apart). He stopped forwarding his address in the mail system two years ago and started working under the table when I signed up to receive child support. He has not taken a paternity test yet but he did sign the birth certificate. I'm worried about what will happen because my husband is about to join the navy and we're about to out of the state of Florida. I do not want him to have any rights to my son at all, it also worries me for the fact that his now girlfriend does not have custody of her children (her ex-husband received full custody in the divorce). Any help?

Sorry he will have rights for his son also.

What sort of visit agreement is there ? Does he have current written court approved visits ?

You said you ( signed up) for support, did you not file in court, and have a hearing on it ?
Nt for late can be taken from his pay before he even gets it.

He does not have to take a paternity test since he is on the birth certificate unless he wishes to challenge it.

And have you went and got the courts permission to move out of state, the fact he has not visited, will or should make it easy

He is not named as the father in the state of Florida and I have not gone to court for child support because the state can not find him. I know where he is living but he does not have a license and he works under the table so they have no record of him since 2009. From what the lady told me at the child support office in the state of Florida he will have to take a paternity test even though he signed the birth certificate. I also do not see any reason for me to get the courts permission to move out of the state of Florida since I am the custodial parent and there is no names father. Exactly the reason why I want my husband to adopt him.

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Originally Posted by castlefam04

From what the lady told me at the child support office in the state of florida he will have to take a paternity test even though he signed the birth certificate.

WHAT??????
There are two ways a paternity to be established in Florida/for non-marital children/:
1.Voluntary acknowledgment of paternity
2.Court adjudication

742.10 Establishment of paternity for children born out of wedlock.
If an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with the clerk of the court; if an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 or s. 382.016 is executed by both parties; or if paternity is adjudicated by the Department of Revenue as provided in s. 409.256, such adjudication, affidavit, or acknowledgment constitutes the establishment of paternity for purposes of this chapter. If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. Both parents must provide their social security numbers on any acknowledgment of paternity, consent affidavit, or stipulation of paternity. Except for affidavits under seal pursuant to ss. 382.015 and 382.016, the Office of Vital Statistics shall provide certified copies of affidavits to the Title IV-D agency upon request.

Having his name on child's BC means you signed PA.That creates presumption.
I should back up Fr Chuk.He does not have to take a paternity test since he is on the birth certificate.

OK so what do I do from here?? I don't know where he is or how to get in contact with him.

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Originally Posted by castlefam04

I know where he is living

Quote:

Originally Posted by castlefam04

I dont know where he is or how to get in contact with him.

:confused:

Quote:

Originally Posted by castlefam04

ok so what do i do from here???? I dont know where he is or how to get in contact with him.

File in Court for custody and child support. If he will not appear you will be able to get what you want by his "default"

Sorry for the confusion. The first one is supposed to say I know where he used to live. I know his last known address but he has moved out of state and back since thenan1107

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.

39.806 Grounds for termination of parental rights.
(1) Grounds for the termination of parental rights may be established under any of the following circumstances:

(a) When the parent or parents have voluntarily executed a written surrender of the child and consented to the entry of an order giving custody of the child to the department for subsequent adoption and the department is willing to accept custody of the child.
(b) Abandonment as defined in s. 39.01(1) or when the identity or location of the parent or parents is unknown and cannot be ascertained by diligent search within 60 days.