Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Would a judge likely find abandonment in my termination of…

Would a judge likely find...
Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and visited 3 times because I lived in another state and worked a lot.I asked for my son back now that I'm ok good ground but my parents want to keep him. They served me with TPR petition and adoption. They say the $900 I sent doesn't matter because the father of my son sends me that money and I just sent it to them, could that be true? And my three visits weren't enough? I texted and called almost 3x a day, but since he's a toddler, I didn't really talk to HIM. They're claiming abandonment. This has already taken 8 months in court and I'm just wondering if a judge will likely find abandonment.If I had known the $900 wasn't considered support from me I would have done something more, I had no idea they'd want to keep him!
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
1/17/2018
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 631
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

Ask Your Own Family Law Question

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Given the facts you stated, no, a judge is not likely to find abandonment.

Does anything in the TPR or adoption prevent you from going to pick up your son?

Sue

Ask Your Own Family Law Question
Customer reply replied 7 months ago
They filed for temporary custody when I told them I was coming to get him. The judge gave it to them even though there was no neglect abandonment or abuse found!
Customer reply replied 7 months ago
No drugs or criminal history involved. They just said I was gone too long.

You could file a motion in the same case your parents brought to ask for temporary custody yourself.

What do you think?

Sue

Ask Your Own Family Law Question
Customer reply replied 7 months ago
They got temporary custody pending the TPR trial. Most attorneys I've spoken to say this is unheard of (we are currently in appeals from the temporary custody)Did the judge part from the law by giving them temporary custody if no neglect is found?

It's hard to say. It certainly does seem unusual.

Sue

Ask Your Own Family Law Question
Customer reply replied 7 months ago
Are there any statues or caselaw that would show the amount of money I sent would be considered support?

The nature of the money you sent will be determined by the facts. For instance, if your parents can claim you were re-paying a loan. Otherwise, the fact you sent it stands for itself. Was there any note or comment accompanying the payments?

Sue

Ask Your Own Family Law Question
Customer reply replied 7 months ago
Sorry I'm not quite sure what that means. The father sent $1000 a month and I sent my parents $900 because my parents told me to keep $100 for myself each month (I have proof of that). In their motion, they're claiming I essentially sent zero because the dad was sending me that money. It's kind of a trap I found myself in.I'm afraid that fact and my 3 visits in 18 months will find abandonment. However, I couldn't visit that often because I was working so much. I don't know if the judge will care

Proving abandonment as the primary grounds in a non-consent adoption is unlikely to happen given your facts.

Are you familiar with Florida's non-consent adoption statute?

I'm going to do a little research and be right back.

Sue

Ask Your Own Family Law Question

Here is a links from Florida TPR statutes, which leads to this link defining abandonment as "“Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. For purposes of this subsection, “establish or maintain a substantial and positive relationship” includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child.

Wherever the $900 came from, you sent it to your parents to support your child. You made efforts to keep in touch with a young child. Judges know you can't carry on much of a conversation with a toddler.

Is that helpful?

Sue

Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 631
Experience: Family Law litigator for over 35 years
Verified
Sue and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 months ago
Thanks!

You're welcome.

Please let me know if you have other questions.

Sue

Ask Your Own Family Law Question
Customer reply replied 7 months ago
I do
Customer reply replied 7 months ago
Does the judge care about my actions during the trial proceedings? Lately I have been visiting her often and calling every single day and sending my own money. Will that be noted during the TPR trial or will it not matter since things were already filed and it be "too late" for me

It's not too late. You can let the judge know that once you became aware your parents alleged the $900/month wasn't enough because of its source, you sent your own money. Increased visitation and phone calls are always a plus.

This thread remains open about a week. I'll check back in to see if you have other questions.

Sue

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Sue Your Own Question
Sue
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 631
631 Satisfied Customers
Experience: Family Law litigator for over 35 years

Sue is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I currently have my great granddaughter with me. She was
I currently have my great granddaughter with me. She was taken from parents by DCS for severe abuse..broken ribs damaged liver, etc. 3 months old 4 lbs. starved. I have had her for 14 months. My grand… read more
Sue
Sue
Family Law Attorney
Juris Doctorate
631 satisfied customers
Would a judge likely find abandonment in my termination of
Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and visited 3 times … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
4,605 satisfied customers
Would a judge likely find abandonment in my termination of
second opinion] Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
If I signed my rights over to the state and my son was
if I signed my rights over to the state and my son was adopted by family, is there a chance I can get him back as long as I'm progressing? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
I am fostering a 5 month old. He came to us when he was 2
I am fostering a 5 month old. He came to us when he was 2 months old. In april reunifation was terminated. On July 10th is the tpr hearing. The birth mom has had 8 children. 6 are with family members.… read more
Sue
Sue
Family Law Attorney
Juris Doctorate
631 satisfied customers
I have a question about child abandonment and termination of
I have a question about child abandonment and termination of parental rights. … read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
Background: My sons biological father and I had our son in
Background: My sons biological father and I had our son in 2001. Their was a criminal case as I was a minor, he served probation and then went to jail for a few months for contempt of the criminal cou… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
My son's father left us when my son was almost 3 and this
My son's father left us when my son was almost 3 and this year he's turning 8. We were not married and he has not been around since then. I'm still in the same job still have the same cell phone numbe… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
I live in Virginia, my sons biological father has not had a
I live in Virginia, my sons biological father has not had a relationship with my son in 9 years, he now wants to see him. My husband has raised my son with me since he was 3 months old, my son also kn… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
If TPR is done on the parents, what rights does the grandparents
If TPR is done on the parents, what rights does the grandparents still have and can the grandparents need to file intervention papers before the TPR or is there a time frame for this to be done? Grand… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I have an emancipation question: I have had full legal custody
I have an emancipation question: I have had full legal custody of my two younger sons (14 and 13) for almost 1 year now. With the exception of a 1 hour visit, in the office of a court assigned psychia… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
If both DSS and GAL seek TPR/adopt during the permanency planning
If both DSS and GAL seek TPR/adopt during the permanency planning hearing and the bio parents are in court for the hearing, how does the judge generally side? Does he generally give the parents more t… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
Im a foster parent who has had an 8 month old,since birth,
Im a foster parent who has had an 8 month old,since birth, in care. The 8 month old is bonding with my husband and I presently and we are proceeding with an attorney to try to TPR the birth mom and jo… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
When do foster parents seeking irregular adoption by private
When do foster parents seeking irregular adoption by private TPR action receive custody of the child... when the action is made, when/if DSS doesnt try to interfere with their action toward TPR, or, a… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I am filing for a tpr in the state of utah what is
I am filing for a tpr in the state of utah what is considered by law "good cause" for filing? what is the likleyhood that I will be granted this tpr? based on the fact that the mother has never allowe… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
Can we have parental rights terminated on grounds of
Can we have parental rights terminated on grounds of abandonment when the noncustodial parent hasn't contacted the child in 7 months, hasn't contacted the custodial parent in 3 months, and hasn't paid… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
what is the difference between a voluntary termination of parental
what is the difference between a voluntary termination of parental rights and an uncontested tpr?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
what is the difference between a private termination of parental
what is the difference between a private termination of parental rights and a state mandated one. the mother of a child born filed a tpr against me. I signed affidavit of paternity but she would not l… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x