[bethie6944]

I am the paternal grandmother of 2 boys who live with my daughter in law in Arizona, she moved back there after my son got out of prison, moved in and fathered 2 other children with another woman. My son and daughter in law are still legally married. I pay for my grandkids to stay with me every summer and now my son is demanding time with them and my daughter in law gave me a notarized letter stating since he has NEVER attempted to see or speak to them other than when I bring them here she does not want him to have access. My son has a shady past and a recent DUI , a suspended DL and my daughter in law does not want the boys around that, He has never paid child support and there is no support or custody order in place. Would this constitute abandoment on his part in the state of Florida or would I be forced to allow him access to the kids ?

[GV70]

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.