Legal Question in Family Law in Florida
Child Custody
I'm 17 years old (18 in October), have a 13 month old daughter and I'm pregnant again. My mom told me that I can't live with her anymore which is okay with me. But she's threatening me by saying that she's going to go to the court and get custody of my child. Is there anyway that the court will give her the custody? And is there anyway that she can get me in trouble for leaving the house when she was the one that kicked me out in the first place? What if she lies and says she never kicked me out?
1 Answer from Attorneys
Re: Child Custody
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It is not up to your mom to make a determination. If she filed a complaint and the State of Florida chose to investigate, it would be up to the Florida Department of Children and Family Services to investigate and determine if you are having the child live in a safe environment. If they believe the child's living arrangements are not safe or detrimental to the child's development, the State of Florida has the right to remove the child from your custody. They would have to go to court and obtain a court order at which time you will be allowed to present alternative testimony and evidence. A judge will make the ultimate decision.
Scott R. Jay, Esq.