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Had a question regarding temporary custody of my child. Dcf…

Hello, had a question...

Hello, had a question regarding temporary custody of my child

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Dcf is involved t, they did not remove my child as I opted to have her stay with the nanny. I have come to some clarity and would like to sign temp custody to my mother while I hopefully seek help for myself

Lawyer's Assistant: Family law varies by state. What state are you in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know if dcf will try to stop me from signing over to my mother even if my child is not in their custody

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Answered in 2 hours by:
3/15/2018
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 793
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. I am a Certified Child Welfare Law Specialist.

If DCF does not have legal custody of the child, they cannot stop you from proceeding in this fashion. But if they think that this placement is not in the child's best intewrest they could proceed against the new custodian.

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Customer reply replied 4 months ago
do I just have to go to the clerk of courts with my mother and she will file a temp custody petition and I will just sign the parent consent form?

Yes. Sounds like you are familiar with the process.

Did you sign anything with DCF wherein you agreed to keep them informed as to the child? Is there a currently open DCF case? If so, the custody application may ask if there is; that could slow down the process.

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Customer reply replied 4 months ago
There is an ongoing investigation with dcf but I signed a safety plan with them that says my child will reside with the nanny for the time being. I have come to my senses and realized I would rather my child reside with my mother in Massachusetts for the time being . My mother flew In to help me handle this and I tried to contact the dcf worker this morning to ask her how to go about this but was unsuccessful.

Well, that changes things a bit. You and your mother can still move forward but I would expect DCF to get involved. As I said, the custody application likely asks if there is a pending DCF case. So they will be notified. I would recommend that you not move forward until you discuss this change with DCF, or, at the very least, simultaneously file the papers and keep trying to contact DCF to discuss. This way it will not look like you are trying to do an "end-around" so to speak and secretly avoid them.

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Customer reply replied 4 months ago
That makes sense , thank you very much for your advice !!! Extremely helpful

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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Best of luck.

Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 793
Experience: Attorney At Law at SELF
Verified
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