Legal Question in Family Law in Florida

child custody and children services rights

My son has been staying with my parents while I moved and secured a job and an apartment. When I went to bring my son home, they called children services and told them Im schizophrenic and Im having episodes! I am not schizophrenic, and Ive never been diagnosed with any mental illnesses! However, children services then said that I cannot take my child before I get mental evaluations, which I have been doing and paying greatly for, though there is no court order or custody agreement. My father admitted to the caseworkers that he has been a child abuser in the past, and I have seen many of those traits and dont want my son around it. My stepmother is also wheelchair bound and dependent on xanax. They want to keep my child from me, so that they can get his montly ssi check, and they have been influencing him to act negatively towards me. I used to go see him on the weekends, and now I cannot go down there because every motion i make is under scrutiny, and told to child services. Since there is no court order, or anything saying I have mental problems, can I just bring my son home? Children services does nothing but change their stories to me about what went on and what I need to do, and this has gone on for way too long.


Asked on 2/07/08, 12:00 pm

1 Answer from Attorneys

James Hart The Hart Law Firm, P.A.

Re: child custody and children services rights

Unfortunately, you will need to comply with whatever case plan DCF puts together for you. You want to be on your best behavior for them.

If you have any other questions regarding your rights, or if you really want to fight DCF, you should hire an attorney to help you.

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Answered on 2/07/08, 1:42 pm


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