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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to speak to a family law lawyer about a dcf case in

Customer Question

I need to speak to a family law lawyer about a dcf case in fl that was closed/dissmissed but there are some issues with it . please respond I really need your help. i understand law. im studying law, i just dont knw everything. I havent been able to see or tal to my son since july of last year please someone have compassion and help me out thank you
Submitted: 5 months ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 5 months ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. Oh, keep in mind that at the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks!
Expert:  NYFamilyLawyer replied 5 months ago.
How can I help you today? What can you tell me about your case?
Expert:  NYFamilyLawyer replied 5 months ago.
If you have some basic issues you can tell me, that will be great. If you want to do a phone call, we can do that but first I'd need to know about the case and the issues to make sure I can help you with your case.
Customer: replied 5 months ago.
I had a DCF case. I represented myself cause I have been studing law for quite a while am=nd am working on becoming a paralegal as we speak. On oct of 2015 the case was closed dissmissed. I had put in 2 motion to have the case closed due to several different reasons. i had been working my fingers to the bone for over a year with out hardly any sleep and when i turned in themotons forgot to attach the evidence. on the day my case was heard the dcf attorney guardian adlightem attorney and the attorney they had given to the dad who had NEVER been in my sons life until I sent him to live there with him in arizona cause I was afraid they were gnna try some bs and take my rights away so i contacted the dad and had a paternity test done and sent my son to live with his father last july. On oct 15th dcf here waived. I didnt lose my rights and they closed/dismissed ther case, but hand written they wrote that I was still to have supervised phone calls by castlehere and they were informed I was planning to move to arizona and be with my sn and his father and stated that he could not supervise that i was to be supervised by whatever was equivilent to dcf here until or if they felt i needed it. I have no case in fl. Ive spoken to arizona and they have no idea what im talking about but my fiance my sons father doesnt want to take the chance that they could come and take our son from us if i move there. How can they put stipulations on another state when they closed /dismissed the case. I cant even talk to my son because castle says there is no open case on me... I have all my parental rights i need to know what to do because this is ridiculous that i havent been able to talk or see my son that i raised alone all by myself thru my pregnancy and until he was 3 when dcf got involved and removed him. I brought the evidence to the courts and thats why they closed/dismmissed my case not taking away my parental rights but as I said my fiancee is afriad that if i move there someone is gonna come take our son. what do i dosorry about my spelling Ive been working all day and night. Please let me know what I can do i can upload you the paperwork they gave aftre my court date and my case was dismissed /closed. I am positive I still have my full parental rights and Im positive the case here in fl was dismissed /closed on oct of2015 on oct 15th in martin county. Arizona has no case on me. How can they closed/dismiss a case and then try to put some stipulation on it for another state. this state castle whothey said would need to supervise my phone calls looked and said my case is closed so they cant do it. arizona has never heard of me and my fiancee just wants something showing that when I move there they cant just up and come take our son. ive tried to explain it to him but when it comes to law if you dont know it , you might as well be speaking chinese to someone that doesnt speak chinese and he doesnt know law. i understand law, and i have always studied criminal law where they actually have statue and laws dependency law just has guidelines and its completely ridiculous. they have kept me and my son away from each other for over a year. but im learning but I still need help hence why im asking this question
Expert:  NYFamilyLawyer replied 5 months ago.
Wow, you do indeed have a lot going on. What is castle -- what does that refer to? Is that a supervisory agency?Were the DCF charges neglect or abuse or something along that order -- and then whatever it was, it was dismissed? How long has your child been with the father in AZ? I see now it looks like last July?The problem is now the father has the child and that can entail a lot. He can get custody, he can request limited visitation or supervised for you, etc.Right now the case is subject to FL law, not AZ. That is for right now. Sooner or later though, the child is going to be in AZ long enough for the father to file for custody out there. Soon AZ, if not already, AZ is going to be the child's home state and the father can file cases out there, including custody.
Expert:  NYFamilyLawyer replied 5 months ago.
The handwriting by the judge is going to be taken as a bench order or the equivalent of it, because it requires supervised phone calls.
Expert:  NYFamilyLawyer replied 5 months ago.
My concern is that the child has been there awhile and the father can do what he wants in AZ by filing for custody, for supervised visitation for you, etc. If there's no case in AZ now, there will be.
Expert:  NYFamilyLawyer replied 5 months ago.
I want to help you but I can't without some bot***** *****ne information. First -- moving out there, you have more to worry about the father than the state of AZ. The father can now sue for custody, and it's likely he'll get it, whether you live in AZ or Fla unless you can show why you sent the child to live with the father.
Expert:  NYFamilyLawyer replied 5 months ago.
I'm not hearing from you so I"m going to opt out right now and let someone else take this. Good luck!