Legal Question in Appeals and Writs in Florida

During a bitter child custody dispute, my ex started a relationship with a unknown male, and moved to a non-disclosed location. During this time she denied me telephone contact with the child during a temporary standing order, issued by a Judge that was a friend of the family (another matter, he later recused himself). During this time, when picking up my child from daycare, for my scheduled visitation, my daughter began making condescending remarks about this unknown person. The mother denied that this person existed. After months of denial and frustration, the mother finally admitted that this person did exist, and was not longer in her, and the child's life. A month later during my scheduled visitation, My daughter began making arbitrary comments about his unknown male. I videotaped my daughter in the tub stating my ex's boyfriend touched her. I called DCF and reported the incident. They took the child and interviewed her, but the results were inconclusive. A Year later, I get a call from a DCF investigator stating they are closing the case. Outraged I asked why, and wanted to know the name of the male (now ex-boyfriend) the child made a first name reference to, and I wanted them to investigate the allegations.. The investigator ask me to send her a copy of the video; I complied. Days after, DCF issued a no contact order denying me contact with my daughter. The investigator omitted important testimony in the Petition, which in the video the child, claimed that the boyfriend touched her and made graphic reference to where he touched her. The investigator made arguable comments that; "the child was coached". This should have been determined by an impartial child psychiatrist; experienced with children who have been allegedly abused. Early this year, I had a court order allowing me to take the child to a child psychiatrist, but it was continually denied by the mother's attorney. I requested a due process hearing with DCF but it was also ignored. Any thoughts on this topic?


Asked on 8/26/09, 10:12 am

1 Answer from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Your situation is way to complex for a forum like this. You need to get a lawyer experienced in these matters.

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Answered on 8/26/09, 10:21 am


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