Legal Question in Family Law in Florida

In 2004 when I was charged with child neglect temporary custody was given to my mother, because it took so long for me to be sentenced in January of 2006 the case was closed and my mom was granted legal custody of my daughter until I was sentenced and released from jail. I was sentenced in March of 2006 and placed on probation. When I got out I started doing the required task appointed in my case plan, but didn't finish because I violated and went back to jail. I served a year in the county Jail and was released July 2007 with two years papers, upon my release my daughter was returned to me, because my mom said she couldn't take care of her anymore. I had not finished my case plan and I had a no contact order, but still my mom returned her to me. Form the day of my relase up until June 22, 2009 my daughter lived with me, I took her to school, signed all papers, took her to the doctors and performed all motherly duties. Now May of 2009 I had a paternity test done to find my daughters real father, and when the results came back it showed it was the father. Now I wanted to take my daughter to visit her new family so she could become acquinted with them. My mother did not want me to do this, but I went ahead and drove up to Orlando for Father's day weekend and brought my daughter to visit her family. The Monday after Father's Day my mother went down to DCF and told them that I took my daughter without permission and proceeded to go to the Police station to file kidnapping charges. When my Aunt notified me of this I did all I could to make sure my daugher returned to my mom that same Monday. I dropped her off to my brother in Avon Park and they brought her back to my mother. Now my mom has continued to call and tell me I need to come and help her with my daughter, because she can't take care of her on her own. And now that she has been diagonsed with Cancer she tells me that I need to come make sure she is taken care of, because she has no one to do it.
My dilemna is should I go take care of my daughter, and leave the door open for my mom to get mad again and I end up in prison? or Should I take all legal roads and just get full custody of my daughter back, and not risk going to prison?

Asked on 3/11/10, 10:00 am

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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You need to contact DCF to determine what is required. Right now, your mother has custody. Try to stay out of trouble if you want custody.

Answered on 3/20/10, 1:44 pm

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