Legal Question in Family Law in Florida

5 year old son died
My 5 year old son died April 24, 2007 while my wife was driving him to the hospital after drinking and taking Xanax. As a result our other 2 children were removed from the home and placed with MG. Now my wife is divorcing me to live with the kids, as she is still drinking and drugging. DCF intervened with her ''high'' today with a visit as a result of my call to the guardian/ad-litem. My wife refused the urinalysis, and failed one a week ago. Wife was Baker acted today for speaking suicidal in front of DCF. I need help, and advice concerning the future custody of our children. I have already completed a case plan, and have been told that the kids will not be returned to my home unless my wife leaves. Now she has left, and is being told by the guardian that as long as she stays with me that she will have no chance of getting the kids back. How do I make sure that she stay away from the kids while she is using. I have several other questions, not much money.....PLEASE HELP!

Asked on 9/07/07, 11:37 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: 5 year old son died

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You have far too many questions to be answered in this forum. The court has made it clear that your children will not be returned if your wife is living with you. You need to get the divorce and ask for sole custody of your children based on the circumstances. Although money is tight, you do need an attorney to represent you in this matter based on the severity of the issues.

Scott R. Jay, Esq.

Answered on 9/10/07, 1:22 am

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