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Attorney2, Attorney
Category: Family Law
Satisfied Customers: 6866
Experience:  29 Years Experience in Family Law
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DCF has investigated my daughter several times. No causal

Customer Question

DCF has investigated my daughter several times. No causal action of removal needed. My daughter has had addiction to pain medication. One DCF social worker prompted her to join methadone treatment. Since starting this treatment my daughter was slowing self-destructing in cognition and decision making. Another accusation was made against her but since she lived with me they deemed child safe eventhough they stated she appeared under the influence. I begged them for help in getting her off methadone but it is legal. My adversity to this turned my daughter against me as being hostile and she convinced my granddaughter too. I told them she was losing her mind and being over medicated, they agreed. She remained in bedroom with child and discouraged child to come out and join in family activities. Child accused my son of lewd behavior. No evidence was found, interviews with other family children attested to mental aptitude of mother and daughter.
JA: Family law varies by state. What state are you in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: yes. I have spent almost $30k in Az. and Fl. attys. only to get a no contact order set in Az. by bio-dad who never met her or contacted her in 11 yrs until DCF sent her there and wiped their hands clean w/out court and never vetting bio dad,l wife and living conditions. I found out later he was charged with contributing to delinquencing of a minor and his wife is a two-time felon. Both are prescribed pain medication and have a history of pot smoking. Promises were made to keep open and close connection to child by phone, skype, and visits. Ties were basically cut from us immediately with an exceptional phone call allowed here and there. When Arianna, child told me she wanted to live with me and I hired attys in Az. and Fl. to try to get her; they said mother sexually abused child, had sex in front of her, did drugs in front of her - all lies but Arianna having mental disorders herself has gone along with. I feel they have made her believe we abandoned her and don't love her. They refuse to give her presents we have sent.
JA: The lawyer is ready to answer your family law question. Is there anything else you want him to know?
Customer: Ad litem attys have been ordered by court for Arianna. They refuse to talk with us and are only going by a therapist opinion. Atty. now has supeonaed (?) mental health records of child and are looking for forensic child psychiatrist in Az. DCF should have given me custody long ago and none of these accusations would have happened.
Submitted: 10 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 10 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, etc. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

This is a tragic story. I am so sorry you are going through this. I am like a GAL in Fl and AZ -- I'm an attorney for the child in NY. How can I help you with your case?

Customer: replied 10 months ago.
does FL DCF have any liability sending child with bio-dad (unmarried to mother) and never sought any custodial rights or interest? Paternity was established by Fl law for child support. Legal removal was not done so vetting and home visits didn't occur? I cried and begged DCF workers that came to the house to help me. Why didn't they give me custody temporarily until my daughter got herself together before all the false accusations came? They only said she was safe because she and mom were living with me and I was providing all needs. They have lived primarily w/me since child's birth and also at mom's dad home.
Expert:  FamilyAttorney replied 10 months ago.

First of all, Fla is very limited in allowing grandparent's rights. It's not the best state as far as allowing a grandparent to raise a child legally when there is a bio parent in the picture. So Fla DCF could have interviewed you but they didn't have to as long as paternity was established.

You probably know some of this after having used attorneys in both states.

The attorneys in either states were not able to help you with this? I see there is a no-contact order, geez, that is crazy. What happened to warrant that? It's not warranted, I know, but why did the court say they did that?

Expert:  FamilyAttorney replied 10 months ago.

You're going to want to get that no-contact order vacated. Grandparents' rights are better in AZ than they are in Fla but there is no guarantee if you're in AZ that you will be allowed to see your grandchild. I understand why Fla did what it did because there is a bio dad and he will come first even if you've been taking care of the child because of Fla's limited grandparent's rights. I don't agree with it necessarily but that's the law in Fla.

Can you have someone try to vacate the no-contact order in Az?

Expert:  FamilyAttorney replied 10 months ago.

Was that already done? I don't know what we can do for you legally if your lawyers have already tried this and have not been successful.

I will tell you, to answer your question though, that DCF has to look for the bio parents first in a state which doesn't favor grandparents' rights, so that's why DCF did what it did. I don't agree but that's in accordance with Fla law.

Expert:  FamilyAttorney replied 10 months ago.

I just want to know how I can help you now -- what would you like me to do or what do you want to know that your lawyers haven't done for you yet?

Expert:  FamilyAttorney replied 10 months ago.

I understand your concern about DCF, which is like CPS in my state. They don't always do what's best for the child and they should. I totally agree.

Does your daughter still live with you or not anymore?

Please let me know what you'd like me to do for you. I understand DCF has been a disappointment but without knowing from you what you want to do, I don't have a question to answer. I already gave you information about DCF in Fla. They went with a bio parent over a grandparent. I don't say it's right but the law in Fla limits grandparents' rights. But other than that, I don't know what you'd like me to do for you. I'll help you any way I can, but I need a question to answer.

Expert:  FamilyAttorney replied 10 months ago.

I'm going to opt out. Someone else will try to help you here. Good luck to you.

Expert:  Attorney2 replied 10 months ago.

Welcome to JA I am a different Attorney. I am an Arizona licensed Attorney and I am very familiar with the issues regarding The State Departments of Children and Family Services.

I dealt with this in Chicago and throughout Arizona and I found that DCFS/CPS/DCS has a tendency to focus on certain cases and let others slip through the cracks. They finally revamped the entire system in AZ very recently based on countless deaths of children that were in the care of the department when the department failed to follow through. The most insignificant issues would turn into unnecessary placements and the serious cases were left unattended. They want from being called CPS to DCS.

What I found is that since the Department is under the authority of the State Attorney Generals (in all States you named) you want to contact the Federal government. The hierarchy of power is the Federal government. The situation you are describing is unacceptable and DCS has been all over the news for years now in AZ.

I strongly suggest contacting the Department of Justice to ask them to investigate this case. There are attorneys, like myself, who work with these cases and have made major strides and forcing the courts to actually do what is in the best interest of the child or seek assistance from a higher power.

The child also should have a say as well based on the information that you provided. The idea is to whatever is the best interests of the child. You may find this link interesting.

I am very disappointed to here that you went though a significant amount of money to no avail.

For example in Arizona I would file a complaint for investigation with the Attorney General at

And I would also contact the Department of Justice at

There should be no reason why placing your grandchild with you under the circumstances would be denied. Further you can seek guardianship as well.

Expert:  Attorney2 replied 10 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.


Customer: replied 10 months ago.
My daughter still lives with me. She is still on methadone and I'm losing patience with her. Ad litem attys. aren't even answering our Fl. atty. emails. He has subpoenaed child's mental health records and we need to find our own forensic child psychologist in Az. I don't know how to find a good one. We need to discredit child's allegations and establish coaching by bio dad and wife. Seems like we have to prove our innocence before no contact is lifted. I have paid all legal fees and Az. atty. has overcharged and padded bill badly. I'm broke.
I don't want my granddaughter to think we don't love her and I haven't tried to get her back; but I don't know what else to do. I don't know what to do about my daughter either. I can't stand what methadone is doing to her. She stays in her room and doesn't talk to us. I've tried every scenario to get her motivated to no avail. She hasn't worked in years. My husband wants me to kick her out but I can't let her live on the streets. I'm depressed and feel helpless. I'm afraid I may have to accept the fact that I may never see my little sweetheart again.
Expert:  Attorney2 replied 10 months ago.

I understand what you are going through. I see this quite often and I completely understand the feeling of helpless as addiction is so powerful it is impossible to control. What you can do is contact the State AG. This situation is not in the best interests of your daughter or granddaughter. You are residing in Florida?

Customer: replied 10 months ago.
we are in Fl. What is Fl AG?
Expert:  Attorney2 replied 10 months ago.

The Florida Attorney General

Expert:  Attorney2 replied 10 months ago.

File a complaint with the Attorney General. This is a link for information

This is a complaint form you can file

You can also contact the Department of Justice at

Expert:  Attorney2 replied 10 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you. Please tell me that you have legal assistance now. There are so many Pro Bono attorneys with years of experience that can provide guidance.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The Attorneys on the site do not receive credit for their time or work if the customer does not rate us positively. There is no additional charge to you for a positive rating and you can still receive a refund. Thank you for your consideration.

Do you have additional questions for me?