Wesley Chapel, FL asked in Child Custody and Family Law for Florida

Q: I was in a tight situation so I signed temporary guardianship of my child to a close family relative.

In 2009 I lost custody of my first child. My second child was sick often would miss school and I would sometimes forget to put in the excused abcense in book bag. I hit the allowed unexcused days missed limit got a letter. I signed and notarized temp guardian over a week later. I agreed to get child after school on Monday's cause guardian had to work late. My child missed a few more days while in the care of the guardian and she forgot to put the excused absences in book bag also a few times. The school called dcf dcf came to me just so happens on a monday when I would have my child and they wanted to drug test me due to my 1st child being taken from me. I was honest with them that I used that weekend and then took the test for them tested positive. They then took my child from me while temporary guardian had guardianship over him. Is that allowed by law to remove a child when we have signed and notarized papers of temporary guardianship?

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1 Lawyer Answer
Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
  • Divorce Lawyer
  • Ocala, FL
  • Licensed in Florida

A: The Courts will always have the best interest of the child. Having a consultation with a family law/dependency attorney would be your best route.

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