Kissimmee, FL asked in Child Custody and Civil Litigation for Florida

Q: Temporary custody issue with mother refusing to return child.

I provided my mother with a temporary custody notarized paper for my 2 1/2-year-old daughter. The Department of Children and Families (DCF) has informed me that I can pick her up, but my mother is refusing to return her. There are no court orders, and custody has never been taken from me. I live out of state and was told by the DCF worker that I am legally allowed to take my child. What steps should I take to resolve this situation?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: First, you should reach out to the Department of Children and Families (DCF) and let them know that your mother is refusing to return your child despite the temporary custody document. If DCF has already confirmed that you're legally allowed to pick up your child, they may be able to intervene and assist in resolving the situation.

Next, consider contacting a family law attorney in your area or the area where your child is located. They can guide you through your legal options and help you take the necessary steps to get your child back.

If your mother continues to refuse, and if DCF's assistance is not enough, you may need to seek a formal court order for custody, which could help prevent further issues. In any case, acting quickly is important to ensure the well-being and safety of your child.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.