QUESTION

How can I get custody after I reported neglect and abuse against the father of my children?

Asked on Oct 29th, 2016 on Child Custody - Florida
More details to this question:
Since then, they have not let me talk to my kids, so I drove to his girlfriend’s work to take them to lunch. She stated that I am not allowed to take them without his consent. There is nothing but child support established. Is that true? I also was told that the investigator of abuse claim stated that I would never have custody of my kids because over 15 years ago, I gave 2 of my kids up for adoption. Is this true as well even though at that time I made best decision for my kids?
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2 ANSWERS

Custody disputes can be among the most complicated of family law issues. Without reviewing the order or judgment that established child support, it is difficult to answer your question because to establish child support, there would have to have been a determination of paternity. You don't indicate whether or not there was any DNA testing, but this could also impact the answer to your question. Since it appears that you were not legally married to the father of your children, you could commence a paternity action (assuming that one was not previously commenced and resulted in the child support order) and seek to establish paternity and seek DNA testing (if not already established/performed in the support order), as well as to establish parental responsibility, timesharing, decision-making and a parenting plan, among other things. Generally, if only child support was established, then you are the only parent with any legal rights to the children, as the birth mother, and the father's legal rights to the children can only be established by court order, which you say has not yet occurred. Accordingly, there should be nothing legally preventing you from showing up wherever the children are, with law enforcement if necessary, and taking your children, though there are a number of reasons why this may not necessarily be the best approach, especially for the kids. Giving up your children for adoption in the past should not generally prevent you from having timesharing or even majority timesharing with your other children. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Nov 30th, 2016 at 4:28 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to have a full discussion with a local family attorney. Many offer free initial consultations. Take advantage of that.
Answered on Nov 30th, 2016 at 4:28 PM

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