Legal Question in Family Law in Florida

Domestic violence

What happens if a girls mother is dead, and her father physically, emotionally, and mentally abuses her. So she wants to issue a restraining order. Is this possible? Would she be sent to a foster home? Or can a suitable and willing family member be awarded guardianship of her?


Asked on 9/11/08, 10:58 am

2 Answers from Attorneys

Re: Domestic violence

It all depends. If she reports it to the Department of Children & Families, they would conduct an investigation.

As to her placement, age could become a factor, but if there are relatives willing to take her and are identified to the Department, she would most likely be placed with those relatives as a preference to foster care.

I would suggest she see her school guidance counselor to help her sort through her options.

Read more
Answered on 9/11/08, 4:19 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Domestic violence

Great advice from Mr. Simpson. I would simply add reporting the situation is not something that should be put off one more day. Abuse of ANY kind is serious and should be reported immediately to allow for the proper investigation.

I would also suggest that one of the suitable and willing family members apply for temporary custody of the child. If money is an issue and you really can't afford an attorney, Legal Aid should be more than willing to help.

If you are in North Florida call my office and I will provide you with the number of a couple of resources, or assist the family member with the petition for custody.

Read more
Answered on 9/11/08, 9:16 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida