Legal Question in Family Law in Florida

i am trying to find out if my father was awarded to the state of va i live in fl and some of my family members say that he can not be taken out of that state .he is staying in a nursing facility and has fallen several timesand taken to the hospital with one incident of one side of his face fractured . i am wanting to bring him home with me .but they keep saying he is in the hands of the state .how can i find out about htis and what are my rights as getting custody of him


Asked on 8/29/10, 10:42 am

1 Answer from Attorneys

Samuel Mutch Samuel A. Mutch, P.A.

It depends! Is you father a "ward of the state?" That would mean that he was determined to be either incompetent/insane or a prisoner. If he was determined to be incompetent/insane that would have taken place in a Commonwealth of Virginia court with notice to him and due process and constitutional protections afforded to him. Probably someone in you family was made the guardian of your father. That relative was most likely a resident of Virginia. Then it appears someone in the family took your father to Florida, or the guardian got tired of taking care of your father and shipped him to a relative in Florida. Then someone from Virginia Social Services found your father was not with his guardian and that started a process to remove the guardian and bring your dad back to Virginia as a "ward of the state."

Now, please understand, the facts you give me are quite unusual and I am inferring things I do not know. You need to get with the Commonwealth of Virginia's agency that deals with elderly and ask for help. At least the people can tell you what is going on. You will need some way to prove you are a child of your father, before the folks in Virginia can speak with you.

If you don't make any headway, then contact a Virginia elder law attorney for assistance.

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Answered on 9/03/10, 11:00 am


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