Legal Question in Family Law in Florida

My mom has been taking care of my daughter while I got situated. I signed a POA. I also signed a temporary custody paper(a year ago, never filed) so that my daughter could continue to get medicaid. When I told my mom I was ready to come get my daughter she filed for custody of my daughter. I had a lawyer tell me that I could get my daughter because there is no court order saying I cant take her.

Am I allowed to get her or do I have to wait for the courts to decide?


Asked on 1/31/13, 4:22 pm

2 Answers from Attorneys

John Smitten Carey and Leisure

Correct. You gave written consent back then however you can revoke that consent now. This is an easy case for you to win. Contact my office for free consultation 727-446-7659

Read more
Answered on 1/31/13, 5:35 pm
Lucreita Becude Lucreita D. Becude, P.A.

Doesn't sound as easy as you say. Obviously your mother has now filed a court action for custody. There is no reason why you can not pick up your daughter. It will be up to the court to give her back. I suggest you file a revocation of POA as soon as possible. Contact the medicaid office to have the checks forwarded to your new address for the care of your child. When you are served papers as to the custody issue, you will need to respond to them. Be sure to have an attorney do this as deal with children is a very sensitive matter and should not be handled pro se. If my office can be of assistance, please contact for an appointment 904-997-1031

Read more
Answered on 2/01/13, 8:09 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida