Legal Question in Family Law in Florida

Children whose parents are using drugs

I have a younger brother whose parents are both either doing drugs or always drinking. I was wondering, if the parents get caught by like the law or whomever with drugs and are sent away, who will be eligible to take custody of the child? I will soon be 20 and will be getting married. Am I eligible to take him?


Asked on 6/10/09, 12:59 pm

2 Answers from Attorneys

Katy Bost Law Office of Katy Bost

Re: Children whose parents are using drugs

If your brother is being abused, abandoned OR neglected, please call the Florida Abuse line 1-800-96-ABUSE.

To answer your question, if your brother is removed from his parents' care due to abuse, neglect or abandonmnet, appropriate relatives are always preferred placements for children. Appropriate housing, job, no/little criminal hx, etc. are all things the case worker will consider.

Please ensure the safety of your brother and call or contact my office if you fear his safety and well being.

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Answered on 6/11/09, 1:58 pm
Brent Rose The Orsini & Rose Law Firm

Re: Children whose parents are using drugs

DCF gets to choose who your brother will stay with, and they often make the most illogical, even dangerous, choices. You would be eligible to take him, but if he gets taken by DCF, you'll want to hire a lawyer so that your chances of getting your brother are increased.

You should also know that DCF's goal will be to keep your brother with the parents, and they will probably place your brother back with the parents, probably asking the parents to take some drug and alcohol and parenting classes.

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Answered on 6/10/09, 2:27 pm


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