Sarasota, FL asked in Child Custody, Divorce and Family Law for Florida

Q: Can I get full custody of my son after 2 years no contact from mother

I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1 asking to see her son but it was during quarantine. the other 2 emails were her asking about the divorce and one sending a birthday message without asking to see him or how he is. She is a drug user and her new boyfriend is a convicted felon (drugs). she was nearly arrested for possession last year but they let her go. She has 2 other babies with this man and was recently arrested for battery on him. She has also lost custody of another daughter before our marriage. I live with my girlfriend who has taken my son as her own and is willing to adopt him. My son is doing well and is getting therapy for the trauma he went through. Do I have a shot at terminating her rights so she can adopt him?

2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You appear to have a strong case for the child being with you full time. You can achieve this through the divorce process. The more difficult issue would be to try and terminate the mother's parental rights. This would happen in dependency court and is a prerequisite to anyone else adopting the child. Speak to a local family law attorney who can advise you more specifically.

Tami Lane Augen
Tami Lane Augen
Answered
  • Divorce Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: First, it is wonderful that your child has you as a parent as his other parent is unable to care for him. What you are asking is indeed possible; however, it is a much more streamlined process if you and your girlfriend are married and you and she file a joint petition for adoption by step-parent. You should be able to find someone in your area to assist you with this process. Best of luck.

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