I was granted sole physical/ legal custody, visitation at my discretion. My child's father was completely absent for an entire calander year missing important court dates, and mediation attempts. Only made a few child support payments when contempt of court and writ of bodilt attachment was put into action. He's been charged with a felony (drug related) and is currently serving 5 years probation. His ex girlfriend whom is also a felon(attempted murder) lives with him and has made death threats against my child, and threats of harming me. I filed a police report for documentation, and saved harassing text messages. What are the chances of getting the fathers rights terminated as he's wanting unsupervised visitation, and custody?
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Termination of Parental Rights based upon abandonment is certainly possible under these circumstances, but more information is needed regarding the history and timeline of his failure to support and relate to his child. Courts are also reluctant to terminate a parent's rights AND financial responsibility for a child, as they do not want the state to have to support a child if the father is "capable" of contribution to the financial support of a child. An adversary proceeding to terminate parental rights could also be very expenses.
The father can voluntarily consent to termination of his parental rights in return for an agreement to waive all back child support and all future child support. The other alternative would be for him to consent to a step parent adoption. The state is more likely to terminate his parental rights and responsibility to financially support this child, if someone else is willing to step up and agree to be a real parent and financially support this child until they turn 18 and complete high school.
You should consult a qualified family law attorney about the options of the father voluntarily agreeing to terminate his parental rights, as well as the possibilities of successfully suing for termination of parental rights. Please let us know these answers are helpful or the best answer by hitting the appropriate button.
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
I don't see how he is going to get to unsupervised visits and custody. He would have to file for modification, showing a substantial, material and unanticipated change in circumstances and that what he was seeking was in the child's best interest. That seems unlikely.
Also, I would seek an injunction against the ex-girlfriend, both for you and on behalf of your child - which requires putting information in two separate places on the injunction petition.
As to termination of parental rights, it is possible, although under the current circumstances it is less likely than it would be if for example he went back to jail and would be there for the majority of your child's minority, or if you were to marry and the stepfather wanted to adopt. I suggest you go meet with an attorney familiar with CH 39 to discuss the feasibility of bringing a private termination of parental rights against dad under the current circumstances based on abandonment and best interest of the child.
