can someone help explain abandonment in Florida

[carofl93]

State: Florida
Hubby and I are having a disagreement over what the following means:

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 63
ADOPTION

63.032 Definitions.--As used in this chapter, the term:

(1) "Abandoned" means a situation in which the parent or person having legal custody of a child, while being able, makes no provision for the child's support and makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities. If, in the opinion of the court, the efforts of such parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy.

My hubby has primary physical custody of his daughter. He says that the above clause about abandonment does not apply to his ex-wife because she has no legal custody...only supervised visitation. I say that it does apply because we were only granted primary physical custody. Mom in question has not paid CS, and more importantly has not attempted to contact her child (in any way...phone, mail, visitation or email)in over a year.
Which one of us is correct? Thank you all for the help.

 

[tigger22472]

I see how he's reading it but I really don't think it would matter. Are you considering this for a TPR? YOu say he has custody but do they share LEGAL custody?? If so the above would apply. If you're looking for a TPR I still think it would apply.

 

[carofl93]

Thank you Tigger. Yes, we are discussing TPR...only discussing it at the moment. We have been doing that seriously for about a month now and we know what a huge step it will/could be for our entire family. Hubby was awarded primary physical custody of his daughter because Mom denied any and all contact with total disregard for what the Judge had ordered. Mom hid their daughter out for a year and it took arrest warrants being issued on both Mom and her new husband to get the actual custody transferred. I am unsure how this affects the "Legal Custody." I know that Mom can only have visitation if it is supervised and a bond posted that will cover the costs of search and tickets home for both my hubby and their daughter, and then only after speaking with the Judge. It's a big mess, but luckily my stepdaughter has dealt with it all quite well, thanks to a great therapist. Sorry for going off on a tangent there LOL.

 

[tigger22472]

http://www.calib.com/nccanch/pubs/sag/table.pdf

This table will show you the grounds per state for a TPR. Most states require one year no contact, no support before they do a TPR.

 

[fried eggs]

Physical custody in Florida is not sole legal custody. It represents what most people would call the residential parent, basically answering the question of who the child lives with. The mother HAS joint legal custody with the father being residential in this case (as presented).