Eleanor Finch
Child abandonment is a serious crime that can have lasting effects on victims and may result in tough penalties for those convicted. Florida Statutes Section 63.032(1) defines abandoned as a situation in which a parent or legal guardian, while being able to, makes little or no provision for the child's support and makes little or no effort to communicate with the child. This situation must demonstrate an intent to reject parental responsibilities. The official charge for abandoning a child in Florida is unlawful desertion of a child, which occurs when a caregiver deserts a child under circumstances in which the caregiver knew or should have known that the desertion exposes the child to an unreasonable risk of harm.
| Characteristics | Values |
|---|---|
| Official charge | Unlawful desertion of a child |
| Occurrence | When a caregiver deserts a child under circumstances in which he or she knew (or should have known) that the desertion exposes the child to unreasonable risk of harm |
| Definition | A situation in which the parent or person having legal custody of a child, while being able, makes little or no provision for the child's support or makes little or no effort to communicate with the child |
| Court's role | The court may declare the child to be abandoned if the efforts of the parent or legal guardian are only marginal and do not evince a settled purpose to assume all parental duties |
| Factors considered by the court | The conduct of a father towards the child's mother during her pregnancy, whether the actions demonstrate a willful disregard for the safety or welfare of the child, whether the parent failed to provide financial support, whether the parent failed to pay for medical treatment |
| Parent's incarceration | The court may consider the period of incarceration, the child's age, and the child's need for a permanent and stable home |
| Surrendered newborn infant | Does not constitute abandonment |
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What You'll Learn
Failure to establish a positive relationship
Child abandonment is a serious crime that can have lasting effects on victims and may result in tough penalties for those convicted. Florida Statutes Section 63.032(1) defines "abandoned" as a situation in which a parent or legal guardian, while being able, makes little to no provision for the child's support and makes little to no effort to communicate with the child. This indicates an intent to reject parental responsibilities. Marginal efforts and token visits or communications are not enough to establish a substantial and positive relationship with a child.
To establish abandonment, one must show that the parent or guardian has failed to establish and maintain a positive and substantial relationship with the child. This includes frequent and regular contact and the exercise of parental rights and responsibilities. The court may consider the conduct of a parent towards the child's mother during her pregnancy and whether the parent has provided reasonable financial support.
Incarceration of a parent may also support a finding of abandonment, especially if the period of incarceration is expected to constitute a significant portion of the child's minority. The court will consider the child's age and need for a permanent and stable home in such cases.
It is important to note that merely dropping a child off at a friend's house or with another parent does not constitute abandonment. Abandonment means leaving the child alone, and paying child support can prevent any argument or case involving abandonment.
If abandonment is established, the next step is to file a petition seeking termination of parental rights. If granted, the parent loses all legal standing and rights to pursue a relationship with the child.
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Incarceration of a parent
To meet the child's needs after a period of incarceration, the court will consider other payment options. The court may allow a parent to submit missed payments under a payment plan or order the parent to continue to pay support after the child turns 18. If an incarcerated parent fails to pay child support, the state may impose a number of penalties, including suspending the parent's driver's license and professional licenses, levying bank accounts, and/or intercepting tax refunds. In serious cases, the parent may face additional jail time for noncompliance.
In most cases, Florida courts encourage frequent and continuous contact between a child and their parents. However, a court may suspend timesharing with an incarcerated parent if the judge deems the circumstances of prison visitation too traumatic or detrimental to the child. The court will view the decision about whether to award an incarcerated parent visitation rights through the lens of what is in the best interests of the child. If timesharing with an incarcerated parent could endanger the child's physical, mental, or emotional health, the court may decide to suspend visitation even if the parents share joint legal custody.
Incarceration may also impact an individual's parental rights. Under Florida law, a parent who is incarcerated or will be for a substantial period may be at risk of losing their parental rights. The incarceration of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment, which can result in the termination of parental rights.
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Lack of financial support
Child abandonment is a serious crime in Florida, and it can be difficult to prove voluntary abandonment. The official charge for abandoning a child in Florida is "unlawful desertion of a child". This occurs when a caregiver deserts a child, leaving them exposed to an unreasonable risk of harm.
- Failed to provide financial support when they were able to.
- Failed to pay for medical treatment when they were able to.
- Demonstrated a willful disregard for the safety or welfare of the child or unborn child.
Florida Statutes Section 63.032(1) defines "abandoned" as a situation in which a parent or legal guardian, while being able to, makes little or no provision for the child's support. This means that they are not providing financial support or making sufficient efforts to communicate with the child, indicating a rejection of parental responsibilities. Marginal efforts, such as token visits or communications, are not enough to establish a substantial and positive relationship with a child and may still result in a finding of abandonment.
Incarceration of a parent can also support a finding of abandonment, especially if the period of incarceration is expected to be a significant portion of the child's minority.
It is important to note that paying child support can prevent any argument or case involving abandonment. However, if the parent is only providing financial support to avoid personal consequences, such as a loss of a driver's license, a petition based on abandonment may still be filed.
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Emotional abuse
To establish abandonment through emotional abuse, it must be shown that the parent has the ability to contribute to the child's care and has willfully disregarded the child's safety or welfare. This could include failing to provide financial support or pay for medical treatment when able to do so.
Incarceration of a parent can also be considered a factor in abandonment if the period of incarceration is expected to constitute a significant portion of the child's minority, taking into account the child's age and need for a stable home.
It is important to note that child abandonment is a serious crime with potential penalties for those convicted. Establishing abandonment can lead to the termination of parental rights, and the court's decision must be based on clear and convincing evidence.
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Unlawful desertion
In Florida, the official charge for abandoning a child is "unlawful desertion of a child". This occurs when a caregiver deserts a child, knowing or having reason to know that doing so exposes the child to an unreasonable risk of harm.
Child abandonment is a serious crime that can have lasting effects on victims and may result in tough penalties for those convicted. It is, however, difficult to prove voluntary abandonment. Florida Statute 39.806(1)(b) defines abandonment as a situation in which the parent or legal guardian, 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. This includes frequent and regular contact with the child through visitation or communication, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain this relationship.
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. This can include failure to pay for medical treatment. Incarceration of a parent may also support a finding of abandonment, particularly if the period of incarceration is expected to constitute a significant portion of the child's minority.
If abandonment is established, the next step is to file a petition seeking termination of parental rights. If granted, the parent will have no legal standing or rights to pursue a relationship with the child. It is important to note that paying child support typically prevents any argument or case involving abandonment.
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Frequently asked questions
The official charge for abandoning a child in Florida is "unlawful desertion of a child".
Child abandonment in Florida occurs when a caregiver deserts a child, knowing that the desertion exposes the child to an unreasonable risk of harm. It also includes situations where the parent or legal guardian fails to establish or maintain a substantial and positive relationship with the child, or when they make little or no provision for the child's support.
Child abandonment is a serious crime that can result in tough penalties for those convicted. If abandonment is established, a petition seeking termination of parental rights can be filed. If granted, the parent will lose all legal standing and rights to pursue a relationship with the child.
