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When is there enough abandonment, abuse, or neglect to have non-custodial parent's rights terminated?

Vero Beach, FL |

My ex-husband has not come to see his child in 2 years (child is 4), before that was about another year. In total he's seen his child about 4 times since we split in 2006 when my son was 2 1/2 months old. He does not pay child support regularly, sometimes he goes 6 months w/o paying. He has not done the things he agreed on in mediation. He stopped answering my calls 2 years ago and ignored my emails about our son's medical issues, health insurance, etc. There is zero communication b/w us now. I have filed motions for contept and he has a warrant for his arrest in FL (but he lives in GA). Is there enough abandonment and neglect from him to justify that I file a termination of parental rights? or should I file a modification of parental responsability, time sharing & other relief instead?

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Attorney answers 1


If you don't have sole custody already, you should file for a modification so the judge grants you sole custody. You shouldn't file to terminate his rights because then you will lose the right to receive child support. Even though he hasn't been paying, the fact that he has a warrant out for his arrest may cause him to eventually pay you.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.