Legal Question in Family Law in Florida

First I must start with a story and I will do my best to keep it short. First of all, thank you for taking the time to read this.

So my girlfriends youngest brothers live with their mother and step-father. Ages 13 and 19. There has been many issues with the step-father regarding mistreatment and is not well liked by anyone other than the mother. On the 4th of this month, there was a major incident. This is what I have gathered. The step-father was drunk. He was pulling the 13 year old around by his hair, yelling at him. Then he proceeded to smash his own television. Then he went into the 19 year olds room, and smashed many valuables, some of which include a new television, a high end laptop, a digital drawing pad and video game systems. Then he proceeded to instigate the 19 year old, puffing his chest out and he had balled up his fist as he was going to punch the 19 year old. The 19 year old (no criminal history what-so-ever) proceeded to hit the step-father in the face, 3 time. He did not cause serious injury though the step-father has took himself to the hospital. (Still drunk I assume).

So thats the story. The issue at hand is the family (excluding the mother and step-father) want to take the brothers out of this environment. They were going to call child protective services to have the 13 year old removed and the 19 year old is planning on moving out. He was not allowed to get what was left of his belongings and was told to "wait until they get home". The mother and step-father got wind of the plan and threatened to press charges on the 19 year old if they proceed with the plan.

The question is how can we avoid the 19 year old for obtaining criminal charges and have the 13 year old taken out of that situation?

A little more back story - The step-father is an (ex)crack cocaine addict and alcoholic, the mother being an (ex)prescription medication abuser, and alcoholic as well. I also believe the mother is an (ex)cocaine as her previous relationships consisted of cocaine abusers.

Thank you again for your time.


Asked on 7/09/13, 12:12 am

1 Answer from Attorneys
John Smitten Carey and Leisure

the 19 year old is an adult and can do what he wants. The 13 year old you have no legal standing for custody. Best you can do is call Child Protective Services maybe if they remove the child they will place the child with you.

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Answered on 7/09/13, 2:22 am


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