QUESTION

i havent have my kids in a year there are with the father how can i get them back

Asked on Aug 06th, 2018 on Family Law - Florida
More details to this question:
i have 4 kids in total my ex boyfriend parent of only two kisthat u have with him staryd wuth the kids i had to leave them there because my boyfriend tryed to drown my other two kids that they are not his so i had to get them out out of there asap i took them to there grandma house i havent been wuth my kids for year already and i want them ckack what can i do
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3 ANSWERS

If there is no court order stating who has what children and where they are to reside, you would have every right to go get them.  If there is a court order in place, you will have to reopen that case for change of residential placement. 
Answered on Aug 08th, 2018 at 7:33 AM

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Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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As I understand your question, you have four children, two of which are the children of your  boyfriend and two of which are with another father or fathers. After your boyfriend tried to drown the children that were not his children, you fled the house and left the four children with their grandmother. You did not say if the grandmother is your mother or the father's. However, you now want to have the children returned to you from the grandmother and for some reason, you cannot get them back into your care. I trust I understand your question. I do not know if the State child welfare agency (in Florida, the Department of Children and Families) took custody of the children away from you due to the horrific situation in your home or if you voluntarily gave the children to the grandmother.  Either way, you will have to file a petition in the Circuit Court of the county where you live to compel (force) the grandmother or the State to return them to you. Under Florida law you are the natural guardian of your children and have preference over any third parties including grandparents. However, it the State of Florida removed the children and placed them with the grandmother, you will need to contest the State's action in Dependency Court of the Circuit Court.  Either of these actions (in Family Division or Dependency Division) are serious and complex, and you should not proceed without legal help.  Also, if there has not been a determination of paternity for these children, you should seek legal help to establish paternity. That way, you can receive child support for the children once they are with you. You can also ask the court to keep the father away from the children if you are able to prove that he is a threat to their safety. Good luck!  
Answered on Aug 07th, 2018 at 7:18 AM

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Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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As I understand your question, you have four children, two of which are the children of your  boyfriend and two of which are with another father or fathers. After your boyfriend tried to drown the children that were not his children, you fled the house and left the four children with their grandmother. You did not say if the grandmother is your mother or the father's. However, you now want to have the children returned to you from the grandmother and for some reason, you cannot get them back into your care. I trust I understand your question. I do not know if the State child welfare agency (in Florida, the Department of Children and Families) took custody of the children away from you due to the horrific situation in your home or if you voluntarily gave the children to the grandmother.  Either way, you will have to file a petition in the Circuit Court of the county where you live to compel (force) the grandmother or the State to return them to you. Under Florida law you are the natural guardian of your children and have preference over any third parties including grandparents. However, it the State of Florida removed the children and placed them with the grandmother, you will need to contest the State's action in Dependency Court of the Circuit Court.  Either of these actions (in Family Division or Dependency Division) are serious and complex, and you should not proceed without legal help.  Also, if there has not been a determination of paternity for these children, you should seek legal help to establish paternity. That way, you can receive child support for the children once they are with you. You can also ask the court to keep the father away from the children if you are able to prove that he is a threat to their safety. Good luck!  
Answered on Aug 07th, 2018 at 7:18 AM

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