Legal Question in Family Law in Florida

Long term Custody

My husband and I have had long term custody of my Niece for three years. She was in foster care since she was born. Her mothers rights have been terminated. Her father my husbands brother was trying to get her out of the foster care system when he was caught and sentenced to 3 years in jail for drugs. This was not the first time he has been in jail. He is out and has petitioned the courts to reopen the case. This is the 3x we go to court. What can we do to put a stop to this. We live in Germany and my husband is in the Army. August 2, 07 we go back to court. can you help us?


Asked on 7/31/07, 5:35 am

2 Answers from Attorneys

Tanya O'Connor Brandon Law Group, PA

Re: Long term Custody

CONDITIONS OF REVIEW: The following RESPONSE DOES NOT CONSTITUTE LEGAL ADVICE, but merely provides a general discussion of basic legal principles. This communication is not intended as, and should not be construed as �legal advice.� It is impossible to provide a complete evaluation of your legal issue in this limited forum.

DO NOT TAKE ANY ACTION BASED ON THIS RESPONSE OTHER THAN TO PRESENT THE FACTS OF YOUR CASE TO A COMPETENT, LICENSED ATTORNEY IN YOUR JURISDICTION.

By proceeding to review the response below, you agree that the response is not intended to, nor does it create any attorney-client relationship. IF YOU DO NOT AGREE WITH OR UNDERSTAND THE FOREGOING CONDITIONS PLEASE DO NOT REVIEW THE RESPONSE PROVIDED.

I recommend discussing the matter with the representative for the Dept. of Children and Families (DCF) assigned to your case. It is that agency's responsibility to protect the safety and interests of children who have been declared dependent and placed in Foster care.

DCF has its own "legal team," and is represented by the Attorney General's Office. Talk to the case worker about your concerns. There is no need for you to hire a private attorney. Unfortunately, even though you have provided "relative placement" for the child, you really have no standing to assert parental rights or a custody claim. Standing to challenge the Dad's custody petition lies with DCF at this point.

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Answered on 7/31/07, 1:41 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Long term Custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can rely on the attorneys for the State of Florida to help you or retain private counsel who will represent you and your husband directly. This is a lot at stake and should not be taken lightly.

Scott R. Jay, Esq.

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Answered on 7/31/07, 9:31 pm


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