Legal Question in Family Law in Florida

Temporary Child Custody

My daughters 17 yr old best friend was just relocated from Central Florida to her mothers house in S. Florida. Her father is unemployed with a very explosive temper and her mother is currently living in a halfway house for drug rehabilitation. She turns 18 on May 25th and will then live with us and another friends parents. But is there anything we can do now to get her out of a deplorable living condition and still keep her away from her dad so she can have some kind of structured living and a safe environment?


Asked on 4/11/08, 10:49 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Temporary Child Custody

A relative could probably get emergency temporary custody of her (and you probably could, too, but the lawsuit is much more difficult for a nonrelative). The problem is that she's so close to 18 now that the legal system probably isn't quick enough to help you.

If she's really in immediate danger, you should call DCF and see if they'll "shelter" her with you or a relative until she turns 18 in a few weeks. After she turns 18, of course, DCF will loose jurisdiction, and she can come and live with you.

The downside is that DCF could shelter her with a stranger (a foster home) for the next few weeks, but that's probably better than the situation she's in.

This isn't my legal advice, of course, but what's going to happen if she simply runs away and comes to your house?

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Answered on 4/12/08, 11:20 am
Brandon Kolb Kolb, Cintron, & Associates

Re: Temporary Child Custody

The quickest way to have her removed from the father's custody is by reporting any abuse or neglect to DCF. If the situation is bad enough, they will remove her from the house and Shelter her with another relative or friend of the family. However, being unemployed and grouchy is not enough to have her sheltered; she would have to be in some sort of actual, tangible danger or have experienced an actual physical or emotional injury as a result of living with her father.

I recommend speaking with the father and attempt to convince him of that it would be less trouble for him to not have to deal with the daughter for the month; and/or that it would make more sense for the daughter to stay in her current area to finish school, etc.

If he does not agree to let her live with you, and she decides to run away, I would not recommend assisting or harboring her -- at that point you would need a lawyer.

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Answered on 4/12/08, 1:26 pm


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