Fort Lauderdale, FL asked in Family Law and Child Custody for Florida

Q: How can my boyfriend get his kids back from their mother who lost her parental rights, but somehow ended up with them

My boyfriend’s soon to be ex-wife, who he’s separated and estranged from, lost her parental rights a few years ago. His sister was awarded custody of the 2 kids. At some point she became overwhelmed and was contacted by their mother and she gave the kids to her. She left Florida and now has the kids in Tennessee. The only requirement from Florida DCF was that (the father) have a job and a home to get the kids back from his sister. But she gave them back to the mom who was deemed an unfit parent. How do we even begin to sort out this mess and get the kids? They are absolutely in danger and being neglected. (He was incarcerated when the mom lost the kids, that’s why they didn’t go straight to him.) He’s been out for 3 years and has turned his life around and now we know where the kids are, so we need help figuring this out.

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1 Lawyer Answer
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
PREMIUM
Answered
  • Divorce Lawyer
  • Miami, FL
  • Licensed in Florida

A: He needs to file for custody in the state where the children have been residing for more than 6 months and demonstrate that the mother is no longer a legal parent which means that he is the only parent with the right to the children. He needs to consult an attorney in the state where the children are and in the state where the order was entered giving them to the aunt.

Good luck!

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