My ex-husband and I have two children, ages 7 and 6. In the divorce, I was granted custody and he was given "liberal visitation as the parties agree". I have given him every opportunity, but he has not seen the kids since December 2008 and has not talked to them in 11 months. He is also extremely abusive (but not on record). The kids and I are afraid of him and do not want him to pop in and out of their lives. Even though he has not seen them in so long, he can begin visiting again if he so chooses. I have recently filed a Motion for Modification of Custody, Time Sharing and Other Relief, in order to remove visitation rights, and am currently waiting for his default date. Is there anything else I can do to remove his rights entirely?
Divorce / Separation Lawyer
His parental rights cannot be terminated absent very strong evidence of abandonment, abuse, or neglect. "liberal visitation as the parties agree" implies that visitation depends upon agreement about when, where, how long, etc.. Hopefully, you have an attorney helping you with the modification. If not, you should as Florida custody law has changed since your divorce.
This is for informational purposes only and is not legal advice upon which anyone should rely. Nor does it create any attorney client relationship.
Stanton L. Cobb
Board Certified Marital & Family Law Specialist
Fellow - American Academy of Matrimonial Lawyers
P.O. Box 149223
Orlando, FL 32814-9223