Legal Question in Family Law in Florida

Okay, so my 12 year old daughter made a friend at school last year. This friend started spending weeks at a time at my house and I couldn't figure out why she didn't want to be with her own family. After finally breaking down her walls I found out that her mother is a drug addict and her dad is a drunk with numerous health issues. The state of Florida had stepped in over the years and put these two sisters in and out of foster care. The mother's parental rights were taken away and the courts gave dad legal custody. However, he is unable to care for them.

In February of this year dad and mom agreed to give us power of attorney to take care of the girls while they attempt to clean up their act. Mom then moved across the state where she says " drugs are so easy to get here".

This weekend we found out that mom came back to town and is planning to take he girls back. Now, keep In Mind she is not allowed to be around the girls. Court order is she gets 1 hour of supervised visitation a week and has been this way since 2010. Their plan is for mom and dad to move back into together and take the girls back. My question is what can I do legally to keep them? The courts have told the parents hey need to notify them of any potential placement of he children but mom thinks we stole her kids and won't tell the courts we can care for them.

There's a long history of physical abuse in the home as well as frequent drug activity. I have all legal documents but he the girls are terrified of going back to that environment.


Asked on 7/19/15, 1:04 pm

3 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Mom has no parental rights, according to you. Talk to a family law lawyer in your town to see what can be done. If nothing else, you can write a letter to the judge (make certain you have the exact name of the case and the case number for your letter) and explain the situation. Legally, I think you may be on thin ice, but that's based on what you've written. There may be more to it. Don't let my opinion get you down or dissuade you from going forward. A power of attorney really does nothing to transfer legal guardianship or custody of the girl to you. (Mom's accusation that you stole her kids is ludicrous and I'm pretty sure the judge will see it that way). Writing a letter to the judge is your last resort. You need to meet with a lawyer face to face in your town so that he or she can read the POA; he or she may be able to access the case files easier than you to see what's really in there. Good for you that you stepped in to help these children.

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Answered on 7/19/15, 2:27 pm
Lucreita Becude Lucreita D. Becude, P.A.

Get an atty. U have grounds to keep the children. The 12 year old can speak to the judge

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Answered on 7/19/15, 4:15 pm
John Smitten Carey and Leisure

You can file a petition for guardianship of the children.

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Answered on 7/20/15, 2:37 am


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