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    ra1eigh's Avatar
    ra1eigh Posts: 1, Reputation: 1
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    #1

    Sep 17, 2011, 09:50 AM
    Can I file for child abandonment and how?
    I live in Florida and my son's father has left the state due to a probation violation. We have not heard from him since he left over a year ago. I do have a child support order and he has not come up in the system. Since my son's birth his father has come in and out of our lives many times due to drugs and jail time. He has very impressive wrap sheet. I have no idea where he is, but I do know that his violation is a misdemeanor and that will expire in the next 2 years. My concern is the father coming back, trying to play Daddy and disappearing again, which has happened too many times. What rights do I have from history repeating itself and does the father have any?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 17, 2011, 10:04 AM
    Not many, I'm afraid. As far as abandonment goes you can't file for abandonment. It may be used as grounds for something else, but not something you file for. What you seem to want is to terminate the father's rights. But that is not likely to happen. There are two sticky notes at the top of this forum that go into detail about that. Just click the Family Law link.

    If you try to get his rights terminated a court is likely to tell you he isn't using those rights now so wait until he tries. Courts are very reluctant terminate parent's rights.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 17, 2011, 10:36 AM
    You can't "file" abandonment, you can call and use abandonment as a reason to ask for a higher level of custody, and use his criminal record for reasons to ask for less visits of the father and so on.

    Since you have not filed in court and since you don't have a child support order he is not even behind on child support

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