Legal Question in Family Law in Florida

child custody

My daughter--name removed--friend signed a 'contract' (she thought it was just a power-of-attorney for medical care) with someone she knew to care for her child short-term. Turns out custody was signed over to the 'new caregiver'. Police were called to assist in the return of the child. Police advice was to petition the court to invalidate this contract. Is there an easy way to get this done?

Asked on 6/06/08, 4:04 am

2 Answers from Attorneys

Re: child custody

You gotta be kiddin' What was she thinking?

Without seeing this legal instrument, it is difficult to tell. If, in fact, it is a "power of attorney" then she can revoke it. The same way it went into effect.

If it is now declared a "contract" she will go to court and show that there never was a "meeting of the minds" and void the contract.

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Answered on 6/08/08, 3:20 pm

Brent Rose The Orsini & Rose Law Firm

Re: child custody

The police were wrong not to return the child to your daughter's friend. You can't just sign a contract and lose custody of a child. Custody can only be changed by court order.

She needs to see a lawyer, who will file an action to get a court order telling law enforcement to give her the child. It's a pretty simple lawsuit, but a child's life is not something to mess with, so don't do this on your own.

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Answered on 6/06/08, 9:05 am

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