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What Constitutes Parental Abandonment of a Child in a Custody or Termination of Parental Rights Case in the Orlando, Florida Area?

What constitutes parental abandonment of a child in the Orlando, Florida area? Florida Statutes Section 63.032(1), defines “abandoned” to mean: a situation in which the parent or person having legal custody of a child, while bring able, makes little or no provision for the child’s support or 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 find there is abandonment. The court may consider the conduct of a father toward the child’s mother during her pregnancy in making this determination.

A finding of abandonment resulting in termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in Florida Statute Section 63.032. A finding of abandonment may also be based on emotional abuse or refusal to provide reasonable financial support, when able to a birth mother during her pregnancy; or on whether the person alleged to have abandoned the child, while being able, failed to establish contact with the Child or accept responsibility for the child’s welfare. Florida Statute Section 63.089(4), states that in making a determination of abandonment at a hearing for termination of parental rights, the court shall consider among other relevant factors not inconsistent with this section: 

1.  Whether the actions alleged to constitute abandonment demonstrate a willful disregard for the safety or welfare of the child or the unborn child; 

2.  Whether the person alleged to have abandoned the child, while being able, failed to provide financial support; 

3.  Whether the person alleged to have abandoned the child, while being able, failed to pay for medical treatment; and 

4.  Whether the amount of support provided to the Child or medical expenses paid for the Child was appropriate, taking into consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child. 

Further, Florida Statute Section 63.089(4)(b), states a child has been abandoned when the parent of a child is incarcerated on or after October 1, 2001, in a federal, state, or county correctional institution and: 

1.  The period of time for which the parent has been or is expected to be incarcerated will constitute a significant portion of the child’s minority. In determining whether the period is significant, the court shall consider the child’s age and the child’s need for a permanent and stable home. The period begins on the date that the parent enters incarceration. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation;  or you may go https://www.annmariegildenlaw.com. 

This article is for informational purposes only and does not form an attorney client privilege.