Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
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: 295
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 1 month 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 1 month 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 1 month 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 1 month 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 1 month 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: 295
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 1 month ago
Thanks!

You're welcome.

Please let me know if you have other questions.

Sue

Ask Your Own Family Law Question
Customer reply replied 1 month ago
I do
Customer reply replied 1 month 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
Ask Sue Your Own Question
Sue
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 295
295 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

11,875 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 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.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Need a family law attorney for Wyoming.. have a couple
Need a family law attorney for Wyoming.. have a couple questions about child support … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
WHAT ARE GRAND PARENTS RIGHTS. GRAND CHILDREN ARE IN RHODE
GRAND CHILDREN ARE IN RHODE ISLAND...I AM THEIR GRAND FATHER....I LIVE IN MAINE … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
In California family law court a attorney is sanctioned does
Good Morning, in California family law court a attorney is sanctioned does the attorney pay the sanction from the clients retainer? If so isent the client … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a multitude of Family law questions regarding
I have a multitude of Family law questions regarding Paternity mediation. Located in Indiana… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a question regarding family law in the State of
This is a question regarding family law in the State of Florida. Specifically Child Support. My wife and I represented ourselves in our divorce case for which the trial has already taken place Novembe… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I have a family law hearing at 8. I have a family law case
I have a family law case at 8:30 am in Toorance, ca. Have a few questions I'm hoping to get answered. I'm representing myself … read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I am looking at having parental rights terminated for the
I am looking at having parental rights terminated for the father of my son how can I go about doing this as he has not paid support since Aug and has abonded my son … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
If a petition for parental rights is brought upon a mother
If a petition for parental rights is brought upon a mother by a THIRD PARTY with no state involvement, does the third party have to offer the mother a case plan for reunification like the state would … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 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
2,165 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
2,787 satisfied customers
Can a father give up parental rights to an ADULT child to
Can a father give up parental rights to an ADULT child to stop paying child support arrearages? … read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
What are grand parents rights. My grand childs father is
What are grand parents rights. My grand childs father is trying to take away all visitation and take over complete custody of his son. My grand daughter has shared custody now. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Have a question about a family law. Indiana. There is
There is currently supervised visit however it doesn't say anything about my husband not being around my kids. The ex husband lawyer filed for him not being around kids however the judge didn't say anything about it nor is it in the paperwork . So I'm trying to find out if he is allowed to be around them on these supervised visits or not … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
If a parents rights are terminated on one child, are they
If a parents rights are terminated on one child, are they automatically terminated on other siblings … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
Our son is going to court and might lose parental rights to
Hi, our son is going to court and might lose parental rights to our grandson. We were granted temporary grandparent visitation rights 20 months ago. Do we have a possibility of losing our rights to se… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,668 satisfied customers
Is Parental rights more important than custody. My aunt and
my aunt and uncle divorced and my aunt has full custody rewarded to my cousins back in 2011. The court has has also found the father unfit to take care the children. She passed last week and child services had to step in and give temporary foster care to my brother who lives in the same state of my aunt. At child protective services, my uncle agreed to give custody to my mother as long as he keeps parental rights. My concern is two-tiered. Does parental rights mean that he can file for custody when he is ready and does these rights also hold bearings with my aunt's life insurance, which will go to my cousin's? … read more
Sue
Sue
Family Law Attorney
295 satisfied customers
Family law My custody visit is 5pm to 8pm. Wife shows up at
Family law My custody visit is 5pm to 8pm. Wife shows up at 7:30pm with dog and asks the children if they want to talk and walk with her and dog. She then direcfs them to her car and leaves at 7:45pm.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My family law attorney seems to have abandoned my case. 7
My family law attorney seems to have abandoned my case. 7 years of promises, and over 100k in fees, still without a custody trial. … read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 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