I gave temporary custody to a family member two years ago until i got back up on my feet. Now that im back up on my feet I was wanting to get them back. I was also wanting to get them back because they haven't abide by the agreement. My father in law took the papers to attorney who said because its temporary custody we don't need to go through the courts to get them back all we needed to do was have a police escort and we could get them back at any time without the court. I was wanting to know if that is possible.
4 Answers from Attorneys
You don't describe what kind of "agreement" you created. If you went through the a judge, it's probably a guardianship, and it has to be dissolved by a judge. If you just said, "Here, watch my kids for a while," you can just show up and take the kids back. If you can't get the kids back, the police may help, but I doubt it. If the father-in-law won't return the kids, you have to file a writ of habeus corpus.
I will not second guess a local attorney with more information than I have. You may ask your local police for an escort to pick up the children, if they decline I would recommend filing in court.
Hello: In response to your question, any atty would need to know more info about your "agreement" in order to give you proper legal advice. If you got a temporary court order, you need to seek a court order for the return of the child or children. I have handled several cases under this statute (Sec. 751 Florida statutues). As long as you are a fit parent, the Court must return the child to you.
If my office can be of any assistance in No. Fla. please give us a call. Tom Rosenblum
You should file a motion to avoid drama. You for sure will win if you gave temp custody to a relative by consent.
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