Legal Question in Family Law in Florida
I recently lost my job, but I am collecting unemployment. My father has threatened to take my son away from me because he feels that I do not adequately care for him. He's 13 years old and very happy living with me. My father is just doing this out of spite. I need some answers. He told me that if I don't get my life in "order" that he's going to take legal action. My son does not want to live with him. What recourse do I have?
2 Answers from Attorneys
None. Empty words, probaly. Dad hasn't done anything.
The legal standard for a grandparent to legally remove a child from a parent is the same as the standard for DCF to take a child from a parent: neglect and/or abuse. In other words, in order to take your son, he'd have to prove to a judge that you are committing child neglect or child abuse. That's a pretty tough thing to prove where a caring father is concerned.
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