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.

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Answered on 7/04/08, 8:13 am


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