Tampa, FL asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Florida

Q: What's the difference between a lock out and a runaway?

My son is 16 years old and lived with me for 4 years before moving back to his mother's in June 2019. His mother cut communication off between us in April.He was arrested in August and is due to be released from JDC next week. He has stated that he was homeless for two months after leaving his mother's and refuses to go back to live with me or her. The Child Protective Investigator assigned to the case told me that the mother refuses to allow him back in her home and that if he doesn't come home with me I have to have an alternative housing plan in place. If there is no alternative housing plan in place she will file a case program (?) as a lock out. I am confused as to if there is any basis to that and why it would be considered any different than if a child leaves them home against the parent's wishes. Edit: I am willing and able to wish to have my son live with me. The question centers more around if he refuses to do so.

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Your son is a juvenile and cannot be allowed to roam the streets of Florida alone. If neither parent will step up and take full responsibility for your son, then he becomes what they call "a lockout." Once that happens the State of Florida, Department of Children & Families will take legal custody of your son and try to find a foster home for him; if they cannot find a foster parent they will commit your son to a juvenile protection facility.

From there on out, you and the mother will be on the financial hook and will start owing Florida substantial amounts of money needed to care for your son--because neither of you will.

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.