How does a noncustodial parent gain custody of their children from an abuse custodial parent?

Bankruptcy and Debt 2 views 4 answers
The father has had the children since 2009 . There have been multiple reports of abuse on the 5 children living with him. More recently, my 13 year old daughter (14 in June) was hit in the eye by her father, ran away to a nearby store and called the police. She had a black eye and a scratch. DCF was called, and they spoke to all of the children. The other four children told DCF that it was an accident and that he doesn't abuse them. DCF said I told her what to say. The children were left in his custody. I filed a restraining order on my daughters behalf. When he was served with the papers, DCF said she could not come with me. They sent her to her Grandmothers house and when we went back to court, they dropped it. Dcf ALWAYS says she's lying when they are called for anything she says.

Attorney Answers

4
Michael Mcginn ·
Well first of all custody is a term no longer used in Florida. If there is a Final Judgment and Parenting Plan in place that allows the Father to have majority of the timesharing a Supplemental Petition to Modify the timesharing would need to be filed. The issues you have stated in your question are extremely complicated. You should consult with and retain an experienced family law attorney in the Tampa area. I wish you the best of luck.
0 upvotes
Steven Miller ·
Clearly there is a problem somewhere; maybe your daughter is not telling the truth, the whole truth and nothing but the truth. Kids do that you know. That said, there is clearly an issue leaving the children with you as DCF refused to do so. If there is parenting plan in place that you think should be modified, file a petition for modification and list, in great detail, why you think the children's best interest would be served by doing so. The burden is on you. Regular calls to DCF will not help.
0 upvotes
Elliot Goldstein ·
You need to pursue a Supplemental Petition to Modify Parental Responsibility and Time Sharing. As you won't get a "do over" if things go badly, you should retain an experienced family law attorney.
0 upvotes

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