Legal Question in Family Law in Florida
Minor had a baby
A sixteen year old gets pregnant from a 19 year old. Three months before the baby is due, the father leaves the mother in Tampa and returns to Ft. Myers, where he is originally from. The baby is now one month old and is being taken care of by the now 17 year old mother who l ives with her mother. The father of the baby and his parents now want full custody for this baby, although to date the father has not been back to Tampa since he left back to Ft. Myers and therefore has not seen the baby- or his parents. Financial support has not been provided by the father of the baby. The mother has minor's warrants out for her arrest for misdeameanors dated over a year ago. What can happen to this baby if the baby's father decides to take legal action? Can the baby be taken away from the young mother? Will the mother be allowed to 'pay her dues' without giving up her child? The father has not had permanent employemt in over a year and is living with a 15 year old girlfriend.
1 Answer from Attorneys
Re: Minor had a baby
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Wow...there's a lot going on here. IF the State becomes involved (the Dept. of Children & Families), the child can be placed with a relative and the Mother can indeed "pay her dues" without permanently "giving up her child." IF there is a family member willing to assume responsibility for the child while/if the Mother is incarcerated, the child can be determined "dependent" by the State, with long- or short-term "relative placement." Assuming that there's a willing relative, the Mother's conduct and rehabilitation will depend on the permanency or length of placement. BUT once the child is declared dependent, the Mother will have to jump through any and all hoops necessary to satisfy the State's "conscience" so that they are sure that the child can be safely returned to her. This can take a long time, but atleast one year (after her release), and may take up to three years depending on the Mother's compliance.
The foregoing scenario can take place with or without the Mother's consent, if she is incarcerated the child is determined to be abandoned, abused or neglected.
We rarely recommend getting the State involved because once they're in...
it's difficult to get them out. But in this case, there are clear advantages to the Mother voluntarily consenting to dependency. 1) she can get the help she needs and be subsidized in the process 2) the child can be placed with one of her willing relatives, and the child will be subsidized (i.e., health care & financial support) and 3) the State will be involved with any subsequent paternity action filed by the Father. So, if the Mother is not in a position to pay attorney's fees to represent her in a paternity action, atleast State paid legal counsel and/or a guardian ad litem will be involved in the case whose job it will be to protect the child's best interests.
The young Father will need to file a petition to establish paternity, in order to make a custody claim.
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