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Update on taking in the abandoned boy: Swimming with lawyers today...

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cobalt1999 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-15-07 06:14 PM
Original message
Update on taking in the abandoned boy: Swimming with lawyers today...
Boy, oh boy, have I learned a lot about the law today.

On the 16 year old boy now staying with us because his mom has tossed him out and now says "I don't give a damn where he is". Here is what I've learned:

1) It's illegal for her to throw her son out in the streets in the state of Florida.
2) Temp. or Emergency Custody can only be granted to extended family members here in Florida.
3) Non-extended family temp custody can only be placed with a adult approved by the Department of Children and Family Services.

So, legally, the mom can be charged for abandonment or, if she accuses me of harboring a runaway (even though he is not a runaway), I could be charged. If I call the police though, the boy goes into the Department of Children and Family services system.

I think I'm just going to risk things and hope the mom calms down over the next few weeks and lets him come back. This stuff is complicated!
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-15-07 06:15 PM
Response to Original message
1. Can he be considered an emancipated minor?
DOes that term exist under Florida law?
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SeattleGirl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-15-07 06:17 PM
Response to Reply #1
2. I think he has to petition the courts to do that.
Sounds like a good idea, though.
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cobalt1999 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-15-07 06:22 PM
Response to Reply #1
3. Yes, that exists in Florida.
He would have to go to the courts to do so, but may have to do that while in Family Services custody. I'd rather he not be put in the system while that petition works through the courts, however, if this looks permanent, that may be our only option.
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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-15-07 07:41 PM
Response to Original message
4. See if you can get a written, notarized statement
from the mother allowing the child to live with you. If she doesn't care where he is and it isn't going to cost her anything, you should be able to get it. That way, she's placing the child with you, your ass is covered for medical legalities and she's off the hook for everything.

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lildreamer316 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-15-07 07:49 PM
Response to Original message
5. Just tell everyone to SHUT UP. Seriously.
If no one makes a big deal about it,no authorities have to get involved.
As I said, I've been there, done that.
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cobalt1999 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-15-07 08:21 PM
Response to Reply #5
6. ...and I'm following that advice!
Hey, I tried to play it upfront, but screw it...all the official solutions suck. So, I'll deal with any complications as they come up from now on. The boy stays here, no police, no social services, no courts, nothing. The legal system sucks.

You were right.
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