Port Charlotte, FL asked in Child Custody for Florida

Q: How do we legally protect ourselves? Got the POA form on line and is motorized Will that suffice. Should we notify DCF?

We cared for 2 foster children (brothers) for 1 year and then the court decided to place them back with Mom and Dad. Mom and Dad are not married and no longer live together. Mom reached out to my wife and I, 9 months later ( December 1, 2021) to take the boys temporarily as they are being evicted and she no longer has a job or transportation. The children are no longer a part of foster care and we are no longer care givers in the program. We agreed as we are very concerned with the boys well being with moms history of substance abuse, irrational behavior and lack of truthfulness. But now Mom is harassing us about about signing a Power of Attorney for temporary custody. Dad has already signed the POA stating temporary custody for 2 months so “they can get on their feet”. Which was witnessed by a notary. We don’t want the boys to go back into the system again as they are 4 and 5 and have been in and out since birth. What do we need to do to legally to protect ourselves?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: So, in short, you are taking care of the children but you don't have a notarized document from the mother authorizing you to do so, and she is now "harassing" you about the situation. Continue to take care of them until a responsible parent (the father, I assume) takes them back, or until a court orders otherwise.

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