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Child abandonment answers (635)

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Q: 

child abandonment: Who has right to terminate rights?

A: Kristy: DISCLAIMER: I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county. No, Only the father has the right to terminate the parental right of the Mother to my understanding OR Dept of Health and Welfare or child Protective Services: However, you should check with a Professional Attorney because maybe I maybe missing a law that fits the status. Now the case does fit the law with reference to "Abandoned", but the issue is who terminates Mom/Dads rights: Who has then has the resonsponsibility of care: Usually CPS or Dept of Health and Welfare fall into this category: This is why it is...


Q: 

child abandonment

A: Michael: DISCLAIMER: I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county. Sorry Michael this doesn"t fit abandonment. Here is the definition for your review: A parent"s failure to provide any financial assistance to or communicate with his or her child over a period of time (normally longer then one year). When this happens, a court may deem the child abandoned by that parent and order that person"s parental rights terminated. abandonment also describes situations in which a child is...


Q: 

child abandonment Laws

A: Hi Alex, If the Petition for Dissolution has been filed then any actions your friend takes with his girlfriend will be largely irrelevant at this time. Assuming he is not supporting the girlfriend while the children are in need of support. If he moves out of the marital residence he should be paying child support to the mother based upon what the child support guidelines would mandate. If he is seeking to have the children reside with him a majority of the time after the dissolution then I would advise against moving out of the marital residence. Your question raises many issues that are really to numerous to address in this forum. I hope this information was helpful to you. This answer...


Q: 

child abandonment

A: Hi Mari, an action to shelter the child can be brought and the Department of children and Family services will advise the court of why they believe the child should be sheltered and why the father"s and mother"s parental rights should be terminated. If there is no one else in the courtroom to dispute those allegations the parents rights will be terminated. I hope this information was helpful to you. This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case...


Q: 

child abandonment

A: Hi John, yes ?Abandoned? or ?abandonment? is defined as 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, makes no provision for the child"s support and has failed to establish or maintain a substantial and positive relationship with the child. 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...


Q: 

child abandonment

A: Hi Melanie, after your marriage you current fiancee may be able to adopt your daughter if either the biological father provides his consent or if he will not provide that consent you can prove to the court that the biological father has abandoned the child. abandonment is shown by a lack of contact and financial support while having the ability to provide both.   I hope this information was helpful to you. This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely...


Q: 

child abandonment

A: Hi Jessica, it is against the policy of Florida to terminate a parent"s parental rights outside the process of adoption or were the child is made a ward of the state. If you have a concern about the Father reasserting his parental rights and taking the child for time sharing then you should file a Petition to modify the time sharing rights and parental responsibility so that the time sharing is limited and possibly even supervised if appropriate. Moreover, you can request that you be granted sole parental responsibility given the Father"s lack of involvement in the child"s life this will not terminate the Father"s parental rights but will place the decision making responsibility for the

Q: 

child abandonment

A: Hi Mark, until the court has entered some order regarding child custody each of you are free to bge with the children when you see fit and each of you can take the children where ever and when ever you wish. So, with that said go to the house, pick up the children and take them out for dinner a couple nights a week and then have them spend the nights with you every other weekend, at the least, and a few nights during the week. Oh and by the way your Wife cannot kick you out of the house unless you allow her to do so or again unless there is a court order indicating that she has exclusive use and possession of the home. I hope this information was helpful to you. This answer is based...


Q: 

child abandonment

A: Hi Jennifer, initially you will need to determine which state has jurisdiction over the case. If you were divorced in Texas, then Texas may have retained jurisdiction and if so then your action for the return of your daughter should be brought there. I am not familiar with the term "primary conservatorship" nor the rights that are conveyed under that legal title. Florida, has primary custodial parentage and secondary residential parentage with or without shared parental responsibility. Normally, if a primary custodial parent places a child with an alternative care giver through a power of attorney, both parents would need to consent to the arrangement due to the shared parental rights instilled in both parents under Florida statutes. I hope this information was...


Q: 

child abandonment

A: Hi Kendra, if your ex is not supporting the child you should be filing a Motion for Contempt for Non-Payment of child Support. The state of Florida will not terminate a parents rights due to abandonment except in adoption cases and dependency cases where the child is being made a ward of the state. If you want sole parental responsibility (i.e. where the other parent has no say as to how the child is raised) then that may be granted where it is shown that it would be in the best interest of the child to grant the request but abandonment is only one consideration for the court in that action. The same would be true for...


 
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