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?

Related Topics:
1 Lawyer Answer

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.

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.