If my husband and I have been separated for 2 years, does he have any rights to our 2 year old daughter if he has not been around since our separation?

He is a drug addict recently released from prison. I am filing for divorce.

Asked on September 14, 2012 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless the court terminates his rights - or he voluntarily relinquishes them - he has the same rights as you do to your daughter.  I agree that he may not be the best influence and spending time with him is not "in the best interest of the child." But you need to do something affirmative about it.  Seek legal help asap.  Good luck.

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