[Smileinsan]

We live in Florida. My son is now 4 yrs old. For the first 2 and a half yrs his biological father was in and out of his life. Reason being is because he was using drugs, and I restricted his father from picking him up. But I would take him to him, even on holidays. He had gone to "rehab" out of state, and tried to get help for about 3 months. When he came back, it was back to using drugs. Even then I still let him see him, but under my supervision. Well, about a year and a half ago I got married, and he filed for visitation. We went to mediation, and I had no money, or knowledge to fight for what I wanted. I agreed to visitation with a negative drug test. And of course, he was negative. After 3 months of visitation I noticed behavior changes in is father. And my son would come back with overheard conversations between his father, and the girlfriend that they wanted to "smoke" after a movie. But he noticed that they didn't smoke(he was expecting them to smoke cigarettes), and he was upset because they dropped him off at the grandmother's. They 2 weeks after that, I was sitting at the dinner table eating dinner with the family, and my son leans back on his chair, his eyes roll back and he says, " I feel so high". I could not leave this alone. I reported it to the child protective services, and they investigated him, found out that he was asked to take a drug test twice, and denied to take both of them because he admitted that he used drugs. I filled a petition to motify visitations. And I've told him that he can come visit our son, but he cannot pick him up because of the situation mentioned above. It has now been almost 2 months and he hasn't bothered to come see him, or call him. But on the answer to my petition, he denies using drugs, and is requesting to be primary custodial parent. He is also saying that I don't let him see our son. Where can I go from here? Being that he hasn't even bothered to call or come, can I consider it abandonment?

[ScottGem]

No. This is a misunderstood aspect of custody battles. There is no such thing as filing for abandonment. Abanadonment is a criminal charge for when a child is left without any supervision.

Since you have remarried, is your husband willing to adopt? What you need to file for is a Termination of Parental Rights (TPR). Ou can cite abandonment as grounds for the TPR, but 2 months is nowhere near enough time.

The only way you are likely to get a TPR is if your husband is willing to adopt. And even that will be difficult if the father doesn't want to agree.

His past drug record is enough to kepp him from getting more than supervised visits.

[Smileinsan]

Yes, my husband is willing to adopt. But if I already filed a petition to modify custody, is that the same form to terminate parental right? And if not, can I send another petition on top of the one I just sent?

[ScottGem]

You have to hire an attorney to prepare the petition for adoption. The attorney will, as part of the process, prepare the petition to terminate rights.