In the same boat
Dear Jennie239,
A google search for "termination of parental rights Florida" can offer you several quick links to the statutes. Keep in mind there may be multiple statutes, and they may be taken out of context on the sites. One question that arose in a meeting with one attorney in my state (GA) is if the guidelines were specific to DCFS? In Georgia it is apparently (very important word) not the case, but may be in other states. I have found nothing in any statutes that requires a step parent adoption, but this just may be the preference of judges.
I am not a lawyer, but what I have found, it is at least one year with no contact (including child support) before such an action can be filed for.I know a year seems like a long time with no contact with a child, but it appears to be the standard. A CP filing for termination appears to be something that is rare, as it ends any possible future child support, rights to inheritance, ss, etc...We have to question why we would want to do this...
I am in a similar situation. The most recent NCP inactivity is more than 2 years; 3 years with less than 5 hours of communication (phone, in person, etc..) The child is only 7, and there have been previous periods of inactivity in the past 5 years (4 months was the shortest, 8 months another and others in between). Inactivity began when the child was only 2; 8+ months of nothing, CS, phone, anything. A reintegration plan was implemented, which failed miserably. When the child suffered and acted out , a family counselor was brought in, gave the NCP advice, but rather than working with the family couselor, once again, NCP disappeared. And on the story goes. After a year of no physical or telephone contact, I saw an attorney who thought their would be no problem terminating rights, then CSE made a garnishment. That CS payment would be considered "contact" in the eyes of the law. So, I waited, and low and behold, another garnishment appeared, so we are waiting it out. One more month to go...I have two attorneys who say it should be a cut and dry case, but ya never know. I do have on my side: 1) full physical and legal custody 2) No specific visitation order (at my discretion) 3) A pattern of absence 4) A decree stating and clarifying parental irresponsibility/potential abuse/alchohol problems and lack of concern for the child and the childs critical needs... the short and simple version, documentable grounds over years. Not just six months....a lifetime to you and your child, I know. Been there...
I am persuing termination for the best interest of my child in the event of my death. I cannot imagine my child going to someone, though considered father, is a complete stranger. Secondly, the NCP is up to his you know what in CS arrears that will likely never be seen by me or my child. At least with the termination, the CS arrears will stop building. Better for her, better for him. At the same time, for the benefit of the child, that just because rights to NCP may be legally terminated, legally he may not the father, he is still the father. At some point down the road if the child wants to have a relationship with the NCP (and we can find him), or the NCP makes an honest effort, well...it would not be right or fair to deny.
Just food for thought. I've been where you are.
