AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Question QUESTION: i live pasco county florida. i am recently divorced and have full custody of my 6 year old son. my ex wife was only to receive visits if she followed the requirements of the court which she has not. so for the last few months she has not had visits, made no effort to contact her son, or provide any type of support. i have been informed that she has been trying to commit suicide (although has not been backer acted), taking drugs, and is an over threat to herself and anyone around her.
she has been this way since her son was born 6 years ago. she has attempted to kill herself multiple times, has a history of drug and alcohol abuse, violent criminal history, and has no job or education.
ive never received support from her and have no need to. id rather terminate her rights as a parent and ensure the safe upbringing of my child. would terminating her rights be possible and if not what steps should i be taking to ensure the safety of my child?
ANSWER: Hi Andy, you cannot terminate her parental rights but you can severely limit them through supervised time-sharing. The only way to terminate a parents rights is through adoption or where the child becomes a ward of the state.
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 to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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QUESTION: Currently I am not allowing her to see our son unless she is at her mothers house. (the parenting plan did stipulate that all her parenting time be carried out there) Should I get something legal stating her visits need to supervised? If so how do I go about it, I do not have the funds for a lawyer?
Also, I am engaged. Once married would my spouse be able to adopt my son?
Answer If the current parenting plan order does not specify supervised time sharing then you will need to file a Petition for Modification of the Final Judgment, show a substantial change in circumstances that was unknown and unanticipated at the time of the Final Judgment and that will at this time justify the court entering an order for supervised time sharing. When you marry you new spouse could indeed file a Petition for Step-Parent Adoption and Termination of the Mother's Parental Rights.
