Legal Question in Family Law in Florida

Child protective services

I had a incicident which resulted in the police coming to my home. The next day the CPS worker came to my home and stated she could remove the children if i didnt comply. She stated and i signed that complying was to not let my husband back in the home until futher notice. He has not been home yet but when i called to talk to her today she acted like she was not hearing me and that she was going to submit a request to remove the children. I would like to know is their a lawyer for this sort of thing and what is my next step? Can she remove my children if I am complying with what they are requesting? Is their somthing that i could do to resolve this whole sitution? Because right now he is living out his car and he is the provider for this family I am not employed? Do they want us to seperate? What are they trying to get me to do because I need to figure out the best thing for our children?


Asked on 1/20/09, 2:32 pm

1 Answer from Attorneys

Kelly Papa Law Office of Kelly Papa

Re: Child protective services

If DCF removes the children, or otherwise moves to find your children are dependent, you will be able to get a court appointed attorney. Many private attorneys, including myself, handle this type of situation. You didn't specify the reason the police came to the house. DCF will essentially make you choose between your husband and your children if it's a case of abuse be it domestic, child or sexual. Is your husband the father of the children? My advice is to not let him back in until you know more about the situation.

Support is hard in these types of situations, but the Court can order support.

If DCF files a petition, you would get to read what their allegations are in the petition. The next step is either to agree to "plea" and follow through with their case plan, or to have a trial in the matter. These are all things your attorney would have to go over with you with more of the facts about the situation.

I wish you the best of luck.

Kelly Papa

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Answered on 1/20/09, 10:31 pm


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