Legal Question in Civil Litigation in Florida

custody of children

my question is: i returned home from serving my country in iraq and was on my porch with my wife celebrating my return. a neighbor complained of loud music, the police arrived. the officer was very distrubtive to me and my wife, and told me he could give a damn of where i just came from and what i did for this country. long story short me and my wife were both arrested. our children who were in the house were turned over to a person we bearly knew in the apartment complex. child services was never notified of the custody of the children. the point, is it legal for the police to make thier own determination of where the children go in the case both parents are arrested, or should of child services been called to take custody of our children and do we have any legal recourse in this matter. if so where do we start and what catagory of law does in fall under and what type of lawyer do we seek for a law suit against the police department that acted neglect in this matter.


Asked on 2/10/05, 5:50 pm

2 Answers from Attorneys
Richard Vaughan Law Offices of Richard Vaughan, Esq.

Re: custody of children

I agree with Counsel Dorne, however, I would add that there are aspects of criminal law and family law here as well.

First, a criminal attorney would examine the facts to see if the police were acting properly and within the scope of their authority. Did they have good reason to conduct an investigation ? (Easy, that merely takes a complaint). Did they have legal justification for making an arrest of both parents?

In the course of the investigation and ensuing arrest, did they violate your civil rights under color of law or badge of authority?

Then, with respect to matters of minor children, did they follow proper procedure in entrusting the children to the individual or individuals they entrusted them to?

Your answers will turn on the facts and, again, I agree with counsel, you should find a local attorney who is qualified in all three areas of law.

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Answered on 2/11/05, 7:40 pm
Craig Dorne Craig M. Dorne, PA

Re: custody of children

From the few facts, I would look for an attorney who has knowledge of civil rights violations.

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Answered on 2/10/05, 6:33 pm


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