Legal Question in Family Law in Florida
Dept of Children & Families
Are there Federal Guidelines concerning a State's Abillity to take a child from its Mother's custody.
Asked on 7/04/08, 4:19 am
1 Answer from Attorneys
Alicia Santana Torres
Santana Torres Law Offices, PL
Re: Dept of Children & Families
Chapter 39, Florida Statutes governs "Proceedings Relating to Children" including removal, see 39.401. All it takes is "probable cause" to support an allegation of abuse/negligence by the parent -- similar to police authority to arrest someone, it doesn't mean the parent is guilty, but the parent is under investigation and the child must be protected in the meantime.
Answered on 7/04/08, 8:13 am