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However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.
Ordinarily, yes. Under § 61.13(2)(a), F.S., it is the public policy in Florida that each child should have frequent and continuing contact with both parents after a separation or divorce. Florida recognizes no presumption for or against the father or mother, nor against any specific time-sharing schedule.
Under Florida Statute 39.806, parental rights may be terminated due to a number of circumstances including: voluntary surrender by the parent; abandonment; conduct that threatens the life, safety, well-being, physical, mental or emotional health of the child; when a parent is incarcerated; when the state has
The default in the state of Florida is shared parental responsibility unless the parents are unable to agree on those major decisions, in which case a judge will decide. Ideally, the courts want both parents to be involved in their child's upbringing and life.
A parent who drops off his or her child at a relative's home and then vanishes can be found to have abandoned the child if a sufficient period of time has passed. In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.
AbandonmentIn the state of Florida, if it is determined that a parent has abandoned his or her child, parental rights could be terminated as an informal form of voluntary surrender.
Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
To establish abandonment, you must show that the parent is able to significantly contribute to the child's care and maintenance or that the parent has failed to establish and maintain a positive and substantial relationship with the child.
In Florida, any behavior that can be viewed as intentionally manufactured to hurt a child's relationship with the other parent can be deemed alienation. Florida courts will view the parent that avoids disparaging the other parent much more favorably when considering fair child custody and time sharing orders.
(1) 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, makes no provision for the child's support and has failed to establish or maintain a substantial and positive relationship with the