Florida  |  Family Law

Legal Question

Asked on: 3/21/09, 10:55 am

Diversity Jurisdiction / Juvenile Dependency

Father has physical Custody, residing in Florida for 5 months prior to allegation of neglect.

Father residing in Florida temporarily.

DCF files Petition for Dependency.

Mother shares Joint Legal Custody.

Mother is Alien / Non-Citizen, overstay on Visa.

Mother has consented to Adjudication of Dependency.

Father denies allegations.

Case scheduled for trial, Father denied court appointed counsel.

DCF has fraudulently asserted Jurisdiction through filing of Petition, and has falsified facts and statements, due to Mother admitting she has not seen child for over a year (abandonment) and is a non-citizen, has a low income and inadequate housing. Mother is participating in Reunification services, with the belief that she may be awarded custody.

Case filed more than 60 days ago.

Father forced to remain in Florida, against his will, as Mother Adjudicated child dependent as to state.

Can this case be Removed to Federal Court, based on Diversity Jurisdiction, Intentional Tort / Abuse of Process, Denial of Due Process (denial of court appointed counsel) Statutes of Fraud?

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

115 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search