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?

Related Topics:
1 Lawyer Answer
Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.